by hsf-adminHughes Fields and Stoby’s managing Partner invited to represent the Maya Leaders in the clebrated CCJ case of The Maya Leaders Alliance v The Attorney General of Belize
Managing Partner of Hughes Fields and Stoby, C.A. Nigel Hughes, was invited to and has joined the team representing the Maya Leaders Alliance in the celebrated Caribbean Court of Justice indigenous land rights case of The Mayan Leaders Alliance V The Attorney General of Belize (https://ccj.org/wp-content/uploads/2021/02/2015-CCJ-15AJ.pdf. )
The following is the release issued by the Caribbean Court of Justice (CCJ).
” CCJ GRANTS HISTORIC CONSTITUTIONAL RELIEF TO THE MAYA PEOPLE
The Caribbean Court of Justice (CCJ) delivered today its decision in The Maya Leaders Alliance et al v the Attorney General of Belize [2015] CCJ 15 (AJ). This appeal was brought by twenty-five (25) appellants who are members of the Maya community of the Toledo District. The Appellants have been fighting for recognition and protection of Maya land rights before international courts and the courts of Belize during the last twenty (20) years or so. Their appeal before the CCJ arose out of litigation precipitated by an incursion onto farm lands in the Golden Stream village by Mr Francis Johnson, now deceased. While this appeal was being heard by the CCJ in Belize, the Appellants and the Government entered into a Consent Order on April 22, 2015 which recognized that the Maya system of customary land tenure gives rise to property rights within the meaning of the Constitution of Belize. The Consent Order also requires the Government to develop of a mechanism to recognize and protect Maya land rights in consultation with the Maya people. The parties are to report to the CCJ on the chosen mechanism by April 2016.
Under the Consent Order, the CCJ was asked to decide whether the Appellants should be granted damages for breach of constitutional rights. This is the main focus of the judgment delivered today. The CCJ found that the Government of Belize breached the Appellants’ right to protection of the law by failing to ensure that the existing property regime, inherited from the pre- independence colonial system, recognized and protected Maya land rights.
The CCJ emphasized that the protection of the law is linked to fairness and the rule of law. It demands that the State take positive steps to secure and protect constitutional rights and to honor its international commitments, including its obligations to protect the rights of indigenous peoples.
The CCJ could not find sufficient evidence to support the Appellants’ claim for special damages arising out of the Golden Stream incursion. While acknowledging that the remedial action to be undertaken by the Government under the Consent Order was reparatory, the CCJ felt that innovative use should be made of the broad jurisdiction to grant redress under the Constitution based on the centuries of oppression and marginalization suffered by the Maya people.
The Court noted that the “boundaries of redress are not to be viewed as circumscribed by the concept of
damages.” Therefore the Court ordered the Government of Belize to establish a fund of BZ$300,000.00 as a first step towards compliance with its obligations under the Consent Order”.
After the consent order the CCJ established a program for the oversize by the court of the implementation of the Court’s historic decision.
Mr. Hughes was invited to and joined the legal team in the representation of the Maya Leaders.
The CCJ has since met on several osaasions on the implementation of its decision.
Dated 12th day of March 2024.
by hsf-admin-BREAKING NEWS-
Clarence A. F Hughes S.C, founder and former Managing Partner of Hughes Fields and Stoby was recognized and conferred with the status of “Legendary Caribbean Legal Practitioner.” by the Caribbean Court of Justice.
On the 29th September 2023 the Caribbean Court of Justice (CCJ) Academy for Law proudly announced the selection of 48 exceptional Caribbean lawyers to be recognized as ” Legendary Caribbean Legal Practitioners”.
Mr. Clarence A.F. Hughes, S.C., (1935 – 2012) was awarded the status and honour of Legendary Caribbean Legal Practitioner.
The firm is honoured that its founder has been recognized for his outstanding contribution to the practice of law in the Caribbean.
https://ccj.org/wp-content/uploads/2023/09/CCJ-Academy-for-Law_Media-Release.pdf
by hsf-adminHughes Fields and Stoby Celebrates 50 Years!!
Come Celebrate our Journey of 50 years of serving all people and from all walks of life through our pictures of our celebration extravaganza!
by hsf-adminHistoric Ruling on Indigenous People’s Land Rights.
Van Mendelson Vs. Attorney General Guyana
On Friday the 16th December 2022 the Chief Justice Madame Justice Roxanne George handed down an historic judgment in the land rights claims brought by the Akewaio and Arekuna peoples of the Upper Mazaruni District, Region 7.
The plaintiffs, led by Van Mendelson, brought a class action suit in their capacities as the captains of Phillipai, Jawalla, Kako, Paruima, Waramadong and Kamarang for various declarations including a declaration that the Akeaio and Arekuna peoples have since time immemorial continuously occupied and used to the exclusion of others certain tracts of land described in the schedule.
The Chief Justice ruled that plaintiffs have since time immemorial continuously occupied their traditional lands and hold Aboriginal community title to the lands which pre dated colonial claims.
The land mark decision represents the culmination of decades long efforts by the indigenous peoples of the Upper Mazaruni region to seek recognition of their collective rights over lands.
The case which commenced in 1998, saw several elders from the various communities testifying in their native language along with various anthropological experts.
The ruling was the first decision of its kind in Guyana’s history and has significant implications for the indigenous communities in Guyana.
The plaintiffs have however appealed some aspects of the ruling.
Hughes Fields & Stoby have represented the Akewaio and Arekuna in this action continuously for the past twenty years.
by hsf-adminPress Release on the Filing of Habeas Corpus Proceedings on Behalf of Kristoff De Nobrega
There have been several news reports that Hughes Fields and Stoby has been associated with and linked to the filing of habeas corpus application for and on behalf of Kristoff De Nobrega by Ms. Kezia Williams.
Mr. De Nobrega has been arrested for the shooting of Quindon Bacchus.
Ms. Kezia Williams ceased being an associate of or associated with the firm of Hughes Fields & Stoby over two years ago.
Ms. Williams has practiced as a sole practitioner ever since.
The firm of Hughes Fields and Stoby is in no way associated with nor does it represent Mr. Kristoff De Nobrega.
Dated the 29th June 2022
C.A. Nigel Hughes
Managing Partner
Hughes, Fields & Stoby
62 Hadfield and Cross Streets
Georgetown
Demerara
by hsf-adminCaribbean Court of Justice (CCJ) reiterates the approach to sentencing in sexual offences
Caribbean Court of Justice (CCJ) reiterates the approach to sentencing in sexual offences.
The CCJ in delivering their decision in the appeal of Calvin Ramcharran V The State reiterated the approach which must be adopted by courts in sentencing in sexual offences cases.
The Court reiterated the approach which it established in Linton Pompey v the State.
The requirement for a separate sentencing hearing including but not limited to a victim impact assessment and social impact report are required to be part of the process.
Link to the decision. https://ccj.org/wp-content/uploads/2022/02/2022-CCJ-4-AJ-1.pdf
by hsf-adminHughes Fields & Stoby obtains ISO 9001- 2015 certification from Lloyds Register
The firm of Hughes Fields & Stoby (HFS) was certified as ISO 9001-2015 compliant by Lloyds Register on the 8th February 2022.
HFS was certified in quality management in the following areas
- Corporate services
- Intellectual property
- Immigration
- Environmental law.
- Civil and Commercial litigation
- Criminal litigation
- Mergers and acquisitions.
- Family law
- Consultancies.
- Corporate Legal Obligations
- Conveyances
- Estate Administration.
by hsf-adminHughes, Fields and Stoby Appoints Stephen N. Roberts as a Partner of the Firm
Hughes, Fields and Stoby is pleased to announce the appointment of Mr. Stephen N. Roberts as a Partner of the firm effective as of April 1, 2021. Mr. Roberts is a leader in the firm’s commercial practice with special responsibility for Tax, Mergers and Acquisitions, Oil and Gas, Banking and Finance and Corporate and Commercial Law. Mr. Roberts regularly advises multinational companies and international financial institutions on a wide array of transactions in Guyana. Mr. Roberts has also represented the firm’s clients in commercial litigation at every level of the Judiciary in Guyana, and in international arbitration.
The Managing and Senior Partner of Hughes, Fields and Stoby are proud to recognize the new generation of lawyers in Guyana by fostering an environment which promotes their growth and advancement.
– C.A. Nigel Hughes, Managing Partner
– Andrew M.F. Pollard, S.C., Senior Partner
by hsf-adminHughes, Fields and Stoby successful defend the Securities Commission at the Caribbean Court of Justice
In a historic decision in the Securities law in Guyana, the Caribbean Court of Justice, the apex Court for Guyana delivered their ruling on the interpretation of the Securities Industry Act on the obligations of all public companies to register as Reporting Issuers under the Securities Industry Act.
The decision in Trust Company V The Guyana Securities Commission was delivered on Friday the 30th July 2021.
The Guyana Securities Commission was represented by Stephen Roberts, partner at Hughes, Fields & Stoby.
The decision: https://ccj.org/wp-content/uploads/2021/07/2021-CCJ-11-AJ-GY-1.pdf