BETHANY CHAMBERS
Advocate Attorneys at Law
ABOUT US
Bethany Chambers was established in October 2008. Bethany is a specialist advocates' chambers. Originally set up by Andre des Vignes (before his elevation to the High Court and thereafter the Court of Appeal) and Ian L Benjamin SC, its focus is on excellence in advocacy in all forms of dispute resolution - civil litigation, arbitration, mediation, judicial settlement conferencing and expert determination and in all forms of investigative processes such Commissions of Inquiry, ad hoc Investigations and specialist tribunals. Our advocate attorneys have strategic depth of experience in construction, financial regulation, company, banking and insurance matters; in family disputes and occupational health and safety and industrial relations matters; in challenging administrative and constitutional law matters. Several of the members of Bethany have teaching experience at the Hugh Wooding Law School, Trinidad or the Faculty of Law, St. Augustine, University of West Indies. All members undertake appearances as advocates before the local High Court and the Court of Appeal, the High Courts of the CARICOM region and the Eastern Caribbean Supreme Court, the Caribbean Court of Justice and the Judicial Committee of the Privy Council.
OUR ATTORNEYS
Ian L Benjamin SC
After Ian completed his pupillage in London, England he returned to Trinidad where he worked for three years as State Counsel in the Solicitor-General’s Department of the Ministry of Justice. Since then he has worked for the most part in sole practice as an advocate attorney-at-law specialising in civil litigation. Breaks came in February 2000 when he took a sabbatical for 18 months to pursue his LLM at the University of Sydney, preparing a thesis on libel/defamation, and in 2005 when he took up a temporary six months’ appointment as a High Court judge.
Ian practises primarily in the broad commercial areas of banking, financial regulation, insolvency, insurance, professional negligence and contentious pension and tax and construction disputes. In addition, he undertakes significant public law work including Commissions of Enquiry. He is well-regarded for his strategic advice and advocacy, particularly in appellate work and has made several appearances before the Privy Council. He is a member of the Chartered Institute of Arbitrators and is a CEDR Mediator. He also accepts appointments as an arbitrator and has appeared in several ICC and ad hoc arbitrations.
He is one of the founding members of Bethany Chambers.
Call to Bar England & Wales 1988
Member, Honourable Society of Middle Temple
Call to Bar Trinidad & Tobago 1989
Call to Bar Dominica 2008
Call to Bar Grenada 2013
Call to Bar Anguilla 2016
CEDR Trained Mediator 2011
CIArb Member 2017
Door Tenant Fountain Court Chambers, London, England
BA (Cantab.) 1986
LLM (Cantab.) 1987
LLM (Univ of Sydney) 2002
Other interests:
Chairman of United Way Trinidad & Tobago;
Director of Trinidad Karate Association;
Director of Foundation for Human Development;
Director of Republic Bank Financial Holdings Ltd.
Notable cases:
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Republic Bank Limited v Tri-Star Caribbean Inc [CA P266 of 2018]: banking - successfully reversed an award of compound interest and exemplary damages made against the Bank in a claim for wrongful retention of monies.
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Attorney General of Trinidad & Tobago v Dianne Hadeed, the Law Association of Trinidad & Tobago and the Registrar of the Supreme Court [CA P 310 of 2019]: public law, judicial review, successfully reversed a decision deeming Section 15 (1A) of the Legal Profession Act, which provides an avenue of admission to the bar of Trinidad and Tobago for nationals only, as being unconstitutional as it discriminates on the grounds of origin.
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Trinidad & Tobago Securities and Exchange Commission v Hassan Philip Rahaman [2019]; regulatory and investigations, acted for the Securities & Exchange Commission in enforcement proceedings arising out of an IPO.
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L’Anse Fourmi Trust Holding Co Ltd v Anse Fourmi Beach and Rainforest Resort Ltd and ors [CA T63 of 2014]: successfully acted for property development company re dispute to title for proposed hotel and condominium development.
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Ferguson, Maritime Life (Caribbean) Ltd & Ors v The Attorney General of Trinidad and Tobago (Trinidad and Tobago) [2016] UKPC 2 : public law, judicial review, to determine validity and effect of retrospective repeal of legislation to introduce statutory limitation for criminal prosecutions.
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Commission of Enquiry chaired by Sir Anthony Colman (2011-2013) into the failure of Colonial Life Insurance Company (Trinidad) Ltd and other entities in the CL Financial Group and multiple ongoing commercial litigation matters arising therefrom, acting on behalf of Central Bank of Trinidad & Tobago: banking and finance, regulatory, company insolvency, civil fraud.
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Sherman McNicholls v Judicial and Legal Service Commission (Trinidad and Tobago) [2010] UKPC 6: public law, judicial review of decision of Judicial and Legal Service Commission to prefer disciplinary charges against Chief Magistrate.
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Super Chem Products Ltd v. American Life and General Insurance Co Ltd & Ors (Trinidad and Tobago) [2004] UKPC 2 : successfully acted for insurers in repudiating liability for insurance cover.
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Independent Publishing Company Ltd v Attorney General of Trinidad and Tobago & Anor (Trinidad and Tobago) [2004] UKPC 26 : media and constitutional law, acted for newspaper in contempt of court proceedings.
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The Attorney General of Trinidad and Tobago and (2) The Director of Public Prosecutions v. Lennox Phillip also called Yasin Abu Bakr and 113 Others Co (Trinidad and Tobago) [1994] UKPC 33 : public law, judicial review, validity of pardon after attempted coup.
Justin Phelps
Call to Bar England & Wales 1995
Member, Honourable Society of Inner Temple
Call to Bar Trinidad & Tobago 1996
LLB (Univ of North London) 1994
Justin is a diligent and experienced civil litigator with more than twenty years' experience of the superior courts of Trinidad and Tobago and in arbitrations. He regularly appears in a wide range of commercial practice areas including complex corporate governance shareholder and other corporate disputes involving both private and publicly listed companies, banking and mortgage disputes and high value constructions disputes (FIDIC terms) and has advised on competition & anti-dumping matters, substantial white collar crime and civil fraud claims, misbehaviour in public office, corruption and procurement. His experience also covers land matters, libel and defamation claims, actions in tort and public law matters. Justin is a well-regarded strategic litigator and a meticulous cross examiner putting to good use a variety of subject areas such as finance, auditing and accounting, taxation, civil , structural and geotechnical engineering and project management.
Notable cases:
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Tradebridge Limited v Minister of Trade & Industry – regional competition law, anti-dumping duties
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Commission of Inquiry into Piarco Airport Development Project – corruption, procurement, misbehaviour in public office
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Petrotrin v Board of Inland Revenue – oil revenue taxation
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ICS (Grenada) Limited v NHIC Limited – arbitration, building and construction
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Commission of Inquiry into the collapse of CLICO conglomerate
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ICS (Grenada) Limited v NHIC Limited - ICC arbitration, building and construction, FIDIC ("red book")
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Krishna Persad v Magistrate Rajendra Rambachan - white collar crime, company directors' authorities, judicial review
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Maersk International v Board of Inland Revenue - value added tax appeals
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American Stores shareholders' dispute - Companies Act directors' duties
Keston McQuilkin
Call to Bar Trinidad & Tobago 2008
BA (Univ of West Indies) 2003
LLB (Univ of West Indies) 2006
Other interests:
Tutor, Trial Advocacy, Hugh Wooding Law School
Keston joined Chambers upon completing his legal studies and being admitted to the Bar. In the last decade he has proven himself to be a dynamic, thoughtful and well-prepared civil advocate. He has built up a comprehensive practice in matters concerning insurance, construction and general commercial litigation, together with property, estates, employment/industrial relations, occupational health and safety as well as judicial review and other public law matters. In addition to his court matters, he has appeared as junior counsel in several arbitrations and mediations; he has also appeared before the Equal Opportunities Commission and the Industrial Court.
Notable cases:
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Wayne Wills v Unilever Caribbean Ltd [CA No 56 of 2009]; damages, personal injuries, appeal against assessment; fresh evidence on appeal; loss of future earnings.
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Commission of Inquiry into the construction sector of Trinidad & Tobago chaired by Professor John Uff [2008-2010], acted on behalf of Education Facilities Company of Trinidad & Tobago.
Jerome Herrera
Jerome is an advocate who strives in the practice of law that is sincere, intelligent and dependable. In addition to appearances before the Industrial Court, the High Court and the Court of Appeal, he has participated in mediations at the Dispute Resolution Centre and in an energy sector ICC Arbitration.
Jerome’s areas of practice include real property law, non-contentious and contentious probate proceedings, defamation, company law, personal injury - tortious and negligence claims, insurance law.
Call to Bar Trinidad & Tobago 2008
BA (Univ of West Indies) 2003
LLB (Univ of West Indies) 2006
Other interests:
First Lieutenant of Trinidad & Tobago Cadet Force
Tutor at Hugh Wooding Law School (Probate Practice & Procedure, Clinical Legal Education)
Director Panberi Steel Orchestra Company Limited
Director The Shelter for Battered Women and Children
Notable cases:
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Starlite Shopping Plaza Limited v Winston G Murrell and others [CV 2008-03055]: security of land tenure.
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Glen Pierre v Trevis Pierre-Smith and Trevis Pierre-Smith, as executrix of the estate of Lawrence Pierre [CV.2010-00171]:land, beneficial interest, promissory estoppel, family arrangement.
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Rajkumar Sankar v Erica St. Louis [CV. 2009-0443]: prescriptive rights, easement, trespass, nominal damages.
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Bernadetter Sobers, Patricia Fraser and others v Sharon Fraser Benjamin [CV2014-02731]: wills, due execution; testamentary capacity, undue influence.
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Central Bank of Trinidad and Tobago v Goodwill General Insurance Company Limited (In Liquidation) and others [CV2009-02529]: company law, rirector’s liability, intent to defraud, insurance qualification, limitation of action.
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Central Bank of Trinidad and Tobago v Worldwide Insurance Limited and Worldwide Bankers Re Company Limited [CV.2010-00758]: insurance, company registration, carry on insurance business, reinsurance.
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Kurt LeQuay v Jian Enterprises Limited, Karen Lequay-Charles & Peter Charles [CV 2018-00628]: company oppression action; section 242 of Companies Act.
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Commission of Enquiry chaired by retired Justice of Appeal Mustapha Ibrahim, 2014-2016, set up to investigate the construction of the Las Alturas Towers at Lady Young Gardens, Morvant.
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ICC Arbitration - Damus Limited v BSI Services Trinidad Limited chaired by retired British Judge Sir Peter Creswell Q.C. to resolve a dispute pursuant to a FIDIC contract.
Pierre Rudder
Call to Bar Trinidad & Tobago 2013
LLB (Univ of London) 2011
PIerre joined Chambers in September 2018 after successfully completing his three-year contract as a Judicial Research Counsel having worked on a wide array of civil matters including land and commercial contract disputes and issues of judicial review. He was highly recommended for his work ethic, efficiency, analytical and writing skills.
He is developing his practice in commercial and civil litigation in line with Chambers' profile. He has acted as junior counsel in various matters, working on issues such as the construction of a tax warranty and indemnity clauses in a share purchase agreement, proof of debt in insolvency, a claim for specific performance of a construction contract, advice on breach of director's duty in insolvency matter.
Notable cases:
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The Attorney-General of Trinidad & Tobago v Dianne Hadeed, (The Law Association of Trinidad & Tobago and the Registrar of the Supreme Court ) [CA P310 of 2019]: acted as junior counsel for the Registrar where first instance decision reversed deeming Section 15 (1A) of the Legal Profession Act, which provides an avenue of admission to the bar of Trinidad and Tobago for nationals only, as being unconstitutional as it discriminates on the grounds of origin.
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Oilbelt Services Limited v Territorial Oilfield Management Services Limited [CV 2016-02182]: acted as junior counsel in matter where a claim seeking an indemnity for the breach of several tax warranties under a share purchase agreement successfully defended.
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Republic Bank Limited v Tri-Star Caribbean Inc [CA P266 of 2018]: acted as junior counsel where an award of compound interest and exemplary damages made against the Bank in a claim for wrongful retention of monies reversed.
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Marie Brizard Wine & Spirits SA v Deposit Insurance Company [CV 2010-1442]: acted as junior counsel on behalf of liquidator contesting 8 million euros claim;
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Errol Phillip v Bernadette Mc Knight-Harlow & Siloma Cox [CV 2019-01655]: successfully appeared on behalf of the claimant in land partition and order of sale claim.
Dionne A A Springer
Call to Bar Trinidad & Tobago 2014
BSc (Univ of West Indies) 2004
MBA (Univ of West Indies) 2008
LLB (Univ of London) 2012
Dionne became a member of Bethany Chambers in September 2018. Dionne practises as a specialist advocate in construction and commercial litigation, financial regulation, public law, negligence, industrial relations/employment law, defamation, land, estates and tort.
Prior to private practice Dionne honed her research skills during her 4-year stint as a Judicial Research Counsel (JRC), working alongside Appellate and High Court Judges at the Judiciary of Trinidad &Tobago. This is further augmented by her wealth of knowledge and private and public sector work experience in Project, Construction and Contract Management and Business.
Notable cases:
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Maritime (Caribbean) Limited v Central Bank of Trinidad and Tobago – acting as junior counsel - public law, judicial review/constitutional claim against the Central Bank in respect of the proposed sale of the CLICO and BAT traditional insurance portfolios to Sagicor.
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Baptiste and GEM Radio Five Limited v Potts (on appeal) – acting as junior counsel in defamation lawsuit involving a public official and the radio broadcasting media.
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B. v Board of Inland Revenue - acting as junior counsel in tax appeal matter involving taxation of partnership profits.
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Guardian Asset Management Limited v Deslaurier et al - acted as junior counsel in enforcement hearings challenging State entity on compliance, statutory and contractual duties and obligations during state commissioned investigation into contract awards and representing senior officers on issues related to contracts, procurement and employment law during internal investigation into certain procurement events and lawful and/or irregular power of sale processes
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Dale Makoonsingh v Mag. Aden Stroude - acting as junior counsel in respect of judicial review of magisterial and DPP powers
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acting as junior counsel advising State entity, public officials and individuals in various matters on issues related to amenability to judicial review and potential defences; applicability of the Freedom of Information Act (FOIA) and the availability of exceptions; applicability of provisions within the Data Protection Act
Tekiyah Jorsling
Call to Bar Trinidad & Tobago 2016
LLB (Univ of West Indies) 2014
Tekiyah joined Bethany in December 2016 upon being admitted to the Bar. Tekiyah has developed as a competent junior advocate in the full range of civil matters appearing before the Court of Appeal, High Court, the Judicial Committee of the Privy Council in matters involving commercial and construction contracts, insurance, insolvency/bankruptcy, fraud, negligence and real property/land. She has done significant public law work appearing in constitutional motions and judicial review applications in matters as diverse as environmental law to public sector employment law. Additionally Tekiyah has acted as junior counsel before specialist courts such as the Tax Appeal Board on oil and gas taxation, as well as ICC arbitration and the Securities and Exchange Commission in matters relating to financial accounting and market manipulation .
Notable cases:
Sadhna Lutchman
Call to Bar Trinidad & Tobago 2019
BSc (Univ of West Indies) 2012
LLB (Univ of London) 2017
Sadhna is a dedicated advocate, intent on achieving the best results for her clients. Sadhna did her internship at Chambers in 2018 and became a full-fledged member of Bethany after her call to the Bar in 2019. She has a wide-ranging practice that includes all Chambers' main areas of work in civil litigation, such as public law, land law, tax law, administration of estates, contract law and tort. She has appeared before the Magistrates' Court, Industrial Court, the High Court and the Court of Appeal most often as a junior advocate and occasionally on her own account. Committed to the proper use of alternative dispute resolution, Sadhna uses her adroit negotiating skills to settle, where possible, matters for her clients, saving them both costs and the stress of litigation.
In 2019 Sadhna acted as a research assistant to the Honourable Justice Kathy Ann Waterman-Latchoo on her recently published book, "Newsroom Law" (UWI Press, 2020). Sadhna thoroughly enjoyed applying her research and scrupulous fact-checking skills to defamation, media and data protection law and legislation in the Caribbean.
Before studying for the Bar, Sadhna qualified and worked as a land valuer which complements her practice in land matters.
JUSTICE of APPEAL ANDRE DES VIGNES (retired)
9 March 1956 - 24 January 2022
It is with great sadness that we of Bethany, present and past, mourn the passing of retired Justice of Appeal Andre des Vignes, one of the co-founders of Bethany Chambers. Our condolences to his family, the Judiciary, the communities of Archdiocese of Port of Spain and the Foundation for Human Development and all those whom he touched with his courtesy, solicitousness and charm.
Contact:
BETHANY CHAMBERS
OUR ADDRESS
27 Pembroke Street
Port of Spain 100502
TRINIDAD & TOBAGO
Tel: 1 (868) 609 2100
Email: info@bethanychamberstt.com
