November 16, 2006
Judiciary ‘Holds Court’ Over 2007 World Cup Sunset Legislation
Members of the Caribbean judiciary are ensuring they are well equipped to deal with any cases involving the Sunset Legislation which has been implemented for ICC Cricket World Cup 2007.
Last Friday in Barbados, ICC CWC 2007 Senior Legal Counsel, Derek Jones, outlined the relevance of this legislation – which was recently passed in the nine CWC Host Venues and which is new to the region – to a gathering of judges, magistrates and court officials from Barbados, the Organisation of Eastern Caribbean States (OECS) and Trinidad & Tobago.
In his presentation, he first explained the tournament’s contractual framework, indicating the relationships between key stakeholders: the International Cricket Council (ICC); the West Indies Cricket Board (WICB); the latter’s wholly-owned subsidiary, ICC CWC WI 2007 Inc; the Global Cricket Corporation (GCC); sponsors and Host governments.
Jones then reviewed the ICC Cricket World Cup West Indies 2007 Act – as Sunset Legislation is officially known – and its provisions which he linked to the contractual obligations of ICC CWC 2007.
“It’s best to explain Sunset Legislation in this way for persons to get a proper understanding of how and why this legislation is a vital part of the tournament’s infrastructure. This legislation is how the Event’s contractual obligations are protected, so once those obligations have been defined, then it is easier to appreciate why these laws must be in place for the duration of the Cricket World Cup,†noted Jones.
Finally, the CWC official analysed ambush marketing – one of the main reasons for the introduction of Sunset Legislation – and compared it to other forms of legal complaints, with respect to Intellectual Property.
“It is very important that the regional judiciary grasp this law as they will be the ones who have to interpret and apply the legislation, should any cases arise. Those who attended were very interested in the aspect of ambush marketing as this phenomenon is new to this jurisdiction,†said Jones, adding that a “lively discussion†followed his presentation.
In his opening remarks, Honourable Chief Justice of Barbados, Sir David Simmons – who invited Jones to make the presentation – stressed it was important for the judiciary to “start early†in having a firm understanding on Sunset Legislation and its related topics.
“Having Mr. Jones here, at this time, is to make sure we are fully prepared in the eventuality that we are called on to preside over any matter (relating to Sunset Legislation),” said Sir David, who invited his peers from the OECS and Trinidad & Tobago to participate in the forum.
“This meeting will deal with several areas and the one that may be of most interest to us is the issue of ambush marketing. This is an area that is new to us here in Barbados and the Caribbean and we have to ensure that we have full details and clarity on the matter.”
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Judges in attendance (in alphabetical order): The Hon. Chief Justice Sir David Simmons; The Hon. Mr. Justice Christopher Blackman; The Hon. Mr. Justice William Chandler; The Hon. Mr. Justice John Connell; The Hon. Madam Justice Jacqueline Cornelius; The Hon. Madam Justice Kaye Goodridge; The Hon. Mr. Justice Leroy Inniss; The Hon. Madam Justice Elneth Kentish; The Hon. Mr. Justice Sherman Moore; The Hon. Madam Justice Margaret Reifer; Dr. The Hon. Madam Justice Sonia Richards; The Hon. Mr. Justice Frederick Waterman; The Hon. Mr. Justice Peter Williams; The Hon. Mr. Justice Randall Worrell (Barbados).
The Hon. Madam Justice Sandra Mason (OECS).
The Hon. Mr. Justice Carlton Best and The Hon. Mr. Justice Mustapha Ibrahim (Trinidad & Tobago).
Magistrates in attendance: Mr. Clyde Nicholls (Chief Magistrate); Ms. Pamela Beckles; Mr. Valton Bend; Mr. Christopher Birch; Ms. Barbara Cooke-Alleyne; Mr. Douglas Fredericks; Ms. Deborah Holder; Ms. Faith Marshall-Harris; Mr. Robert Simmons; Mr. Ian Weekes and Ms. Michelle Weekes (of Barbados).
Registrar of the Supreme Court of Barbados: Ms. Maureen Crane-Scott.
Resource Persons: Ms. Cheryl Corbin and Ms. Lorraine Alleyne.