Articles & Publications

In 1980 the Appellant bought a small fruit farm in St. Catherine. In September 1989 she borrowed $50,000.00 from the Respondent Bank and executed a mortgage instrument in favour of the Bank over the said fruit farm. In October 1989 the Appellant paid a monthly installment under the said mortgage but paid no more installments thereafter. In a letter dated February 14^th, 1990 the Bank informed the Appellant that she was in arrears with her payments and that unless she paid within 10 days the Bank would exercise its power of sale.

The Respondent, Constance Mitcham, an attorney at law, in or about 1980 or 1981 was appointed as legal adviser to the Development Bank of St. Kitts & Nevis. In or about 1982 she was also appointed as legal adviser to the National Bank of Saint Kitts & Nevis and the Respondent continued as legal adviser to both Banks until 1995. Both the Development Bank and the National Bank of Saint Kitts & Nevis where wholly owned and/or controlled by the Government of the Federation of Saint Kitts & Nevis.

Corporate governance as a buzz word in the Anglo-commonwealth world found its roots in a number of scandals which hit during the 1980's. Along side these scandals was a significant increase in the nouveau riche executives who were generously rewarded by so called independent remuneration committees with packages that were considered extravagant. Shareholders and the public in general were nervous. In the United Kingdom, these phenomena led to various Committees (Cadbury in 1991 and Greenbury in 1995) which established Codes of Best Practice.

On August 12, 2002 Anguilla enacted new Intellectual Property legislation which updates the laws relating to Trademarks, Patents, Industrial Designs and Copyright, and introduces registration systems for Layout Designs (Topographies) of Integrated Circuits and Geographical Indications and legislation for the protection of Trade Secrets. This legislation is part of the Government's commitment to the development of the e-commerce sector, and forms part of a comprehensive package of new commercial laws. The legislation was drafted to be more closely harmonised with TRIPS.