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Chambers Global Guide 2025

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We are pleased to announce that Fitzwilliam, Stone, Furness-Smith & Morgan has once again retained its prestigious Band 1 ranking in Chambers Global Guide 2025 🏆

This recognition reflects our steadfast commitment to delivering exceptional legal services and results.

Several of our  partners have also been individually recognised for their outstanding contributions.

đŸ”č Kurt Miller, our Managing Partner and Head of the Commercial Department has retained his Band 1 ranking in General Business Law.

đŸ”č Colin Kangaloo S.C., Head of Litigation, has retained his Band 1 ranking in General Business: Dispute Resolution.

đŸ”č Jon Paul Mouttet, Head of the Energy and Tax Departments, has retained his Band 1 ranking in General Business Law.

đŸ”č Cynetta Lai Leung, our Corporate Commercial Partner, has entered the list this year with a Band 3 ranking in General Business Law.

We extend our gratitude to our clients and colleagues who continue to place their professional trust in us. We look forward to upholding these standards of excellence in the years to come.

Partnership Announcement

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THE PARTNERS

of

Fitzwilliam, Stone, Furness-Smith & Morgan

announce

SIMONNE TIFFANY JAGGERNAUTH CLARKE
and

JOHN JOSEPH LEE
as Partners
on January 1, 2025

SIMONNE JAGGERNAUTH-CLARKE started practice with the Firm in 2016 and serves in the Litigation Department as an instructing and advocate attorney with an active litigation portfolio in a wide range of civil matters, with particular experience in tax.

JOHN LEE started practice with the Firm in 2017 and serves in the Litigation Department as an instructing and advocate attorney with an active litigation portfolio in a wide range of civil matters, with particular experience in industrial relations.

Our Firm remains committed to providing its many clients with the very best level of service. Our departmental organisation remains essentially unchanged.

Commercial Department headed by Kurt Miller with Vishma Jaisingh, Cynetta Lai Leung, Jon Paul Mouttet, Kaveeta Persad, Lesley- Ann Marsang, Simonne Jaggernauth-Clarke and John Lee, all Partners, and Aaron Bethel, Jon-Ross Dookie, Brendon Simon, Kurrisha Aberdeen, Soleil Baldeosingh and Mikayla Darbasie, all Associates.

Litigation Department headed by Colin Kangaloo, SC with Vishma Jaisingh, Kaveeta Persad, Danielle Inglefield, Simonne Jaggenauth-Clarke and John Lee, all Partners, and Aaron Bethel, Jon-Ross Dookie, Brendon Simon, Kurrisha Aberdeen, Soleil Baldeosingh, Mikayla Darbasie and Esha Alli, all Associates.

Real Estate Department headed by Tara Atlum with Suella Saunders, Partners, and Esha Alli, Associate.

Intellectual Property Department headed by Stephanie Moe, Partner, with Jon-Ross Dookie, Associate.

Energy Department headed by Jon Paul Mouttet with Lesley-Ann Marsang, Partners, and Aaron Bethel, Associate.

Tax Department headed by Jon Paul Mouttet with Simonne Jaggenauth-Clarke, Partners, and Aaron Bethel, Associate.

Probate Department headed by Suella Saunders, Partner.

A Fantastic Place for Women to Succeed

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Fitzwilliam Stone is a hard taskmaster, but it’s a fantastic place for women to succeed.”

Olive Ramchand, former Senior Partner Fitzwilliam, Stone, Furness-Smith & Morgan

In the Caribbean, women significantly outnumber men in the legal profession.

This is certainly not the case in the US or much of Western Europe where men still dominate. According to the UK’s Ministry of Justice website, women constitute approximately 39 per cent of barristers and 53 per cent of solicitors. Despite the upward trajectory, it was noted that women accounted for just 24 per cent of the partners at the top 100 law firms.

A cursory look at the websites of Trinidad and Tobago’s top law firms, shows partnership is no longer the preserve of men. This is demonstrably so at Fitzwilliam, Stone, Furness-Smith &  Morgan where nine of the firm’s 12 partners are women.

What makes Fitzwilliam Stone a “fantastic place for women to succeed?”

The women at this firm come from diverse backgrounds, and have taken different routes to their legal careers. The five women interviewed for this article all attribute their success at Fitzwilliam Stone to hard work, a progressive environment, the commitment to high standards and a successful culture of mentorship.  After meeting some of these women, it’s not hard to understand why they enjoy working at the firm and why they succeed in law and in life. 

“Fitzwilliam Stone taught me to practice honourable law,” said Olive Ramchand who became the firm’s first female partner in 1992. “I was so happy to work with Gerald Furness-Smith, who was one of the most honourable men I’ve ever met.”

There wasn’t a formal mentorship progamme at Fitzwilliam Stone when Ramchand joined the firm, but she said the partners were all extremely supportive. In addition to Mr Furness-Smith, she acknowledged the role Sebastian Ventour and Danny Fitzwilliam played in her development.

Ramchand retired from the firm in 2020, but she’s still called upon for advice and consultation.  “I’m glad that I was able to stay here for my entire career. Fitzwilliam Stone demands long, hard work, but any profession you want to excel in would do that. It doesn’t matter your gender, you just have to work hard.” 

Hard work is one of Vishma Jaisingh’s core values. Growing up in Princes Town, her parents were her exemplars. Her father, a former Caroni worker also worked as a taxi driver to ensure his children had their school books, uniforms and everything they needed to get a proper education. Her mother, who she described as “an enterprising woman”, opened a parlour at their home to supplement the family’s income.

When Jaisingh joined the firm in 1999, Danny Fitzwilliam was her key mentor, she admired his “amazing” work ethic which she said mirrored her father’s. She described Fitzwilliam as “the most meticulous attorney” explaining that he took nothing for granted. As someone who came to law from a sociology and research background, this was hugely inspirational.

Jaisingh also counts the firm’s sensitivity and respect for personal values as one of the reasons she enjoys working there. A devoted Hindu, she is observant of all the faith’s religious practices and takes time off to participate in religious events.

“Everyone knows I’m not here on a Monday because I have certain religious commitments. I also appreciate when there’s an event at the office, they always check to see whether if I’m fasting and if I’m not, they ensure I have a vegetarian meal.

“My religion is a big part of my life and this firm has never discouraged that. I absolutely love working here.”

Fitzwilliam Stone is also a place that encourages its people to express their passions. On my first visit to the firm’s Sackville Street offices, I was struck by the pride of place given to work by some of the country’s leading artists.

I was told that much of the art was provided by Fitzwilliam Stone’s “unofficial art curator”, Senior Partner Tara Allum, a well-known supporter of the local art scene. Her love of beauty clearly serves to uplift the environment at the firm.

Allum who joined the firm in 1997, believes Fitzwilliam Stone provides an encouraging environment for young attorneys who are prepared to give. She also thinks the women who succeed show a certain amount of grit and self motivation.

“The women here are not shy or retiring. They tend to be able to hold their own but in a pleasant way,” she said. “They also show they’re up to the work by engaging more with the seniors and not simply waiting for someone to ask if they need help.”

Cynetta Lai Leung quickly recognised assertiveness and a strong ethic were essential when she first worked at Fitzwilliam Stone during her in-service training.

“What was clear to me was the high level that was expected of any lawyer working here. We had a reputation for doing excellent work – servicing clients with the best advice, meeting client needs – so early o’clock, I knew what how high the bar was.”

She recounted one of her best memories – and a case of exemplary client service – which happened one Carnival Monday morning when a foreign client needed urgent advice.  Clearly, the fact that Port of Spain had been taken over by revellers and driving into the capital would be a nightmare didn’t matter to the client. So, Lai Leung had to join now retired partner Mark Ramkerrysingh at his home to work on the case.

“I was driving from my home in Diego Martin to Mark’s home because we couldn’t come to the firm,” she said. “So I’m driving over the hills in Maraval and when I got to the Paramin area and I was stopped by the boys playing blue devil and I said, ‘fellas let me just give you some money because I have to hurry to get to work!’”

Lai Leung is now the mother of an 11-year-old daughter and although she still works long hours, she is very intentional about how she shows up as a parent and the firm has given her the leeway to strike this balance. “My daughter is my WHY,” she said. “And what I do has to benefit her.”

After 20 years at the firm, Lai Leung is extremely happy to be playing a role in the Mentorship Programme which was officially implemented in 2010. Like her other senior colleagues, she acknowledged that it’s not only the associates who benefit. 

Tara Allum said the firm has always had an “open door policy” and the Mentorship Programme was formalising a part of the culture that was always present. The senior attorneys ostensibly believe they’ve been stretched and in the process they’ve learned more about themselves.

“It can however, be a bit challenging if I have someone who’s interested in another area and I don’t feel as much to give in terms of expertise but I know I can give them support by checking in on how they’re coping with their workload and dealing with other issues.” Allum said.

“Being a mentor means opening up to someone and you can’t have a relationship with a mentee who thinks you’re intimidating,” said Vishma Jaisingh. “There was a notion that I could be intimidating so I did some introspection. I’ve developed an understanding with my current mentee and I share who I am with him.”

Jaisingh appreciates mentorship as a holistic process. “Mentorship for me is not just about the work, I think that’s secondary. Mentoring for me is about understanding what drives him, where he wants to get to and helping him along the journey.

Cynetta Lai Leung’s unexpected benefit from being a mentor is the way it helped her to uplift her capacity to lead. “As a partner, you’re now part of the leadership of the firm and to me, being involved in mentorship is a very crucial part of that. It’s an opportunity to shape the future partners in the way they’re going to think about their approach to work, the clients, and maintaining standards.

Ten years ago, she was extremely excited at the prospect of working with her first mentee, Stephanie Moe, a fellow Hilarian who she described as “pretty awesome”. Lai Leung’s pride was evident when she spoke about Moe’s blossoming over the last ten years.

In January 2024, Stephanie Moe became one of the firm’s newest partners and swears by the effectiveness and impact of the mentorship programme.

“It’s important to be surrounded by strong women who are ‘women minded’ and once you are willing to put in the work, they support and give constructive criticism when necessary,” Moe said.

Moe who exudes confidence and maturity beyond her 35 years, seems to have hit the jackpot with strong women who’ve been a part of shaping her life. From her mother Allison who is a source of constant support, to late cultural icon Pat Bishop who was an advisor during her during her performing years and late Senior Counsel Dana Seetahal who encouraged her early in her law career.

“It’s two-fold though, you don’t just have these women who are willing to nurture your career, you also have to be able to absorb the knowledge and the pearls of wisdom.”

She was a successful classical singer and a member of the Marionettes Chorale so working in an environment where there is a keen appreciation for art as well as her understanding of the creative sector were factors in the choice of her area of specialisation. 

“It was really because I was open to different areas of law. Again, I go back to the mentorship programme because I really got a lot of support from the partners here. This firm has really cultivated who I am as an attorney”.

Franka Philip is a journalist and media consultant with local and international experience across the areas of print, online and radio.

Franka Philip

April 5, 2024

INTRODUCTION OF PROPERTY TAX – WHAT DOES IT MEAN FOR BUYERS AND SELLERS OF REAL PROPERTY?

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It is now well-known that property tax has been reintroduced into the tax landscape in Trinidad and Tobago and is payable by owners of real property. The governing legislation are the Property Tax Act, Chap. 76:04, the Valuations of Land Act, Chap. 58:03 (“the VLA”), and the Finance Act, 2023, Act No. 15 of 2023. Currently, the Property Tax (Amendment) Bill, 2024 is before Parliament and seeks to amend the Property Tax Act, by, inter alia, reducing the rate of tax payable by owners of residential property.

Most owners of residential property would have already complied with the requirement under Section 29 of the VLA to submit a return to the Commissioner of Valuations and most would have received a PIN and Notice of Valuation under the VLA. 

The Notice of Valuation contains the annual rental value of the property which is used in calculating property tax attributable to the property in question. The Notice of Assessment sets out the amount of tax that is actually payable based on the annual rental value of the property. 

The Board of Inland Revenue (BIR) has begun issuing to property owners (who have not lodged an objection to the Notice of Valuation) a Notice of Assessment stating the annual property tax payable in respect of their property. This tax is to be paid by September 30, 2024 of the current year.  Some property owners who have received a Notice of Assessment have already paid property tax for this year. The Minister of Finance has confirmed that, as at March 13, 2024, 801 payments of property tax have been made to the BIR.

However,in instances where the Notice of Valuation and/or the Notice of Assessment have not yet been issued by the BIR, vendors and purchasers may be in limbo as to how to treat with the payment of property tax when conducting land transactions.

Persons who are in the process of selling residential property may be required, at a minimum, to provide purchasers with the PIN and Notice of Valuation issued by the Valuations Division. Vendors who are not yet in possession of the above information should take steps to acquire these documents from the relevant Valuation Division office. More often than not, these items are included as deliverables by vendors in the agreement for sale for real property.

With respect to unpaid property tax, a purchaser may require an indemnity from his/her vendor in respect of that portion of property tax for which the vendor is responsible at the time of completion. This may be done in the agreement for sale or by way of a separate agreement.   

Alternatively, purchasers may instruct their attorneys-at-law or stakeholders to retain an agreed sum from the deposit or balance of the purchase price on account of property tax payable by the vendor.

Vendors may also be asked to pay a prorated sum or an advance towards property tax, pending issuance of the Notice of Assessment. Of course, any such sum would need to be agreed by the parties at the time of entering into the agreement for sale or prior to completion.

Ultimately, there is no fixed approach when it comes to the issue of unpaid property tax. The course adopted would need to be agreed by the parties to the transaction and stipulated in the agreement for sale or other ancillary document.

Steps to be taken by purchasers following completion of real property transactions

Purchasers (and vendors) of real property are required to submit a return of change of ownership with the Commissioner of Valuations within one month of completion of the transaction (pursuant to Section 28 of the VLA).

In order to do so, purchasers will need to attend at the relevant office of the Division of Valuations with the following supporting documents:

  1. certified copy and an ordinary photocopy of the title deed/instrument;
  2. two forms of valid picture identification (i.e., national identification card, passport or driver’s permit) as well as a photocopy of each;
  3. PIN number for the property, if available; and
  4. copy or original of the 2009 Land and Building Taxes receipt or current property tax receipt for the property, if available.

The Valuation Division will guide purchasers as to the necessary forms which are to be submitted in order to effect the change of ownership.

Purchasers should ensure that this step is completed so that the Valuation Roll kept by the Commissioner of Valuations may be updated to reflect the change of ownership. Note that it is an offence for owners of property to refuse to file returns as prescribed by the VLA. Property owners should therefore comply with this section to avoid being in breach of the law.

UNMASKING CARNIVAL: A PERSPECTIVE ON TRADITIONAL CULTURAL EXPRESSIONS

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Carnival is a major cultural festival in Trinidad and Tobago (T&T) which is celebrated every year, roughly during the two-month period before Ash Wednesday. The festival incorporates various aspects of T&T’s culture and indigenous artforms such as the steelpan, calypso, soca, stick fighting and traditional mas. Within the realm of intellectual property, these are called traditional cultural expressions (TCEs). Over time, Carnival has evolved into a full-fledged entertainment industry. Local mas bands collaborate with global brands to offer bespoke Carnival experiences to masqueraders. In the past, issues have emerged concerning the ownership and exploitation of these TCEs. For the most part, there is no formal legislation in T&T prescribing the protection afforded to these valuable artforms. However, as innovation and commercialization increases, should stricter laws be implemented in T&T to protect the TCEs underpinning Carnival?

On an international stage, developing nations are now seeking to recover or reclaim their cultural identity amidst arguments of cultural appropriation. This is a complex issue and there is no straightforward answer. Arguably, a strict regulatory regime for TCEs is not appropriate. T&T’s Carnival is a valuable cultural and economic asset. Therefore, a balance must be struck between recognition of, and upholding the sanctity of TCEs on the one hand and permitting the innovation and commercial benefits that Carnival has to offer.

The regional approach to TCE protection should first be considered. The Revised Treaty of Chaguaramas expressly provides in Article 66 for inter alia, the identification and establishment of mechanisms to ensure the preservation of indigenous Caribbean culture, the legal protection of the expressions of folklore, other traditional knowledge and national heritage. On this issue, Caribbean territories do not have a unified position.

Jamaica has taken a robust approach to the protection of its TCEs. In 2012, the Jamaica Intellectual Property Office (JIPO) issued a practice notice prescribing the manner in which the JIPO will assess trade mark applications for elements of TCEs. The fact that a word, imagery, style or design is recognized as a TCE in Jamaica will mean that it will be treated as such, even if it has some other meaning or derivation outside of Jamaica. More recently, the Jamaica Trade Marks (Amendment) Act 2021 was amended so that a trade mark would not be registrable if it is of a nature to misrepresent, misappropriate TCEs of indigenous or local communities.

T&T has adopted a comparatively moderate approach. Legislative provisions have been enacted with the protection of culture in mind. From a copyright perspective, “works of mas” has been expressly included in T&T’s Copyright Act, Chap. 82:80, being protected as a derivative work. It may include the combination of a costume with a particular style of dance or music, such as Sailor Mas and the accompanying dance. However, copyright protects the tangible elements of the works but not the underlying artform, style or tradition (the TCE). In that sense, copyright law does not protect TCEs.

The Trade Marks Act, No. 8 of 2015 provides in Section 8(4) that a trade mark shall not be registered if it is, among other things, contrary to public policy or to morality. Arguably, a trade mark that contains elements of T&T’s TCEs may be captured by this section. However, in practice, the T&T Intellectual Property Office (TTIPO) occasionally accepts trade marks that contain TCEs, for example the word “CALYPSO”, but a proprietor will not have exclusive ownership of the word.

The Government does not have exclusive rights of ownership over the steelpan. This is T&T’s national instrument and is synonymous with Carnival. Under the National Emblems of Trinidad and Tobago (Regulation) Act, Chap. 19:04, the National Flag and Coat of Arms are protected, and copyright is conferred in perpetuity to the State. This is a novel provision which falls outside the scope of traditional copyright ownership, which is generally for life of the author plus fifty years. The steelpan is notably absent from perpetual ownership by the State. Was this simply an oversight by the legislature or an intentional omission?

From a practical standpoint, it will be very difficult to protect TCEs. At a national level, many questions arise including, who will own the TCEs, the Government or the communities from which they emanate? Competing communities may claim the origination of a TCE, but how do these communities prove that they were the creators and how will the Government decide from where it came? Will licenses be required to use TCEs from the Government or the indigenous communities? Concerning Carnival, traditional folklore, cultural dances and characters have been in the public domain for many years. Should we now, after so long, attempt to regulate the use of these TCEs?

The extra-territorial use of TCEs pose a separate issue. Will third parties be permitted to apply for ownership of the same outside of T&T? Practically, there is nothing to stop them, think Michael B Jordan and his business partner’s trade mark application for J’OUVERT before the United States Patent and Trademark Office. Wider buy-in from the international community is critical if trade mark, patent and copyright offices are to uphold extra-territorial TCEs. Nevertheless, the underlying issues still remain, how will countries prove that TCEs are indigenous to them? Caribbean culture is intertwined by shared historical experiences. Carnival for one, is celebrated globally and regionally in Brazil, Trinidad and Tobago, Jamaica and many other countries.

The very essence of Carnival is innovation and creation. Therefore, stringent control over TCEs is not recommended. Over-regulation may stifle the commercialization of Carnival which generates substantial revenue for T&T, a nation already heavily dependent on the oil and gas industry. Local and international companies usually employ elements of Carnival to promote their products during the season. KFC recently introduced its JAB JAB Box and Tommy’s Brewing Company is selling a limited release Jumbie Amber Lager. It is not wise to introduce regimes which would make access to and use of these cultural traditions difficult, such as requiring persons to obtain licenses to use the TCEs. Policies may be implemented to uphold the sanctity of T&T’s TCEs so that they will not be used in a manner which will bring them into disrepute. Beyond that, however, T&T’s current approach is respectful of both the right to innovate and commercialize Carnival and, protect our TCEs through the TTIPO and legislation.  

INDUSTRY INSIGHTS: THE TRINIDAD AND TOBAGO OIL AND GAS SECTOR 2024 AND BEYOND

Posted on by fitzwilliamstone
Jon Paul Mouttet

The T&T Energy Conference 2024 is right around the corner (January 22 to 24, 2024). This year, its theme is “Accelerating Action”. We took the opportunity to discuss with the Head of our Energy Department, Mr. Jon Paul Mouttet, various industry insights and challenges faced by the T&T upstream oil and gas sector.

1: In your view, what are the major challenges affecting the upstream oil and gas industry in Trinidad and Tobago?

T&T is undoubtedly a mature oil and gas jurisdiction, having been engaged in the industry for over 100 years. This obviously brings with it a number of positives, but also a number of challenges.

Sustaining our level of reserves requires continuous initial exploration investment. Similarly, sustained production of those reserves requires continuous development investment. This is where the primary challenge lies.

T&T must remain visible and relevant as an investment destination both in terms of exploration investment and development investment, particularly in the face of emerging and competing major oil producing nations, such as our neighbour, Guyana.

There are a number of factors that make a country attractive as an investment destination, many of which are outside of our control.  Our focus, therefore, needs to be on those factors which we can control.  Among the most critical is creating a destination where it is easy to invest and develop our resources in the shortest possible timeframe, with an attractive return on investment. This means assessing both the competitiveness of our fiscal regime and promoting the ease of doing business.

T&T’s fiscal regime should be one that is simple, easy to administer and materially improves the economics of investment in comparison to its global competitors. In terms of the ease of doing business, investors currently face a complex regulatory approval regime (with diverse regulators) and unfortunately, a level of bureaucracy and bottle-necking that considerably extends the timeline between initial exploration investment and getting the product to market. Time, after all, is money. The T&T Energy Chamber has sounded the alarm on this issue on multiple occasions, and indeed that is the very concept behind the 2024 Energy Conference which is themed “Accelerating Action”.

2: It is a fact that Trinidad and Tobago’s natural gas production is in decline. Are you optimistic that the Dragon Gas Field will remedy this situation, or do you view it as a short-term solution to a long-term problem?

Natural gas production has in recent times faced decline. Again, this is not necessarily a question of the reserves that exist, it is a question of promoting sustained investment to ensure regular discoveries and the development of both existing and new discoveries within T&T.

The December 2023 signing of the licence for the Dragon Gas field to NGC and Shell is undoubtedly a great opportunity for T&T to reap the rewards of potentially introducing into its domestic market large quantities of Venezuelan natural gas.  The Dragon Field however lies to the North West of Trinidad and entirely within the region of Venezuela, so it does not assist with T&T’s own domestic natural gas production.

I am hopeful that this field will be successfully developed and exploited in the shortest possible timeframe and that the lifting of US sanctions (which previously brought its development to a halt) will continue. 

While the Dragon Field is a welcome salve to the domestic gas supply situation, it will not address either of the pressing issues already discussed.  T&T needs to be more competitive in terms of economic return and we need to create an environment that will facilitate quicker development and the bringing of gas to market.

3: Do you believe that the inclusion of new technologies, for example solar energy and other renewable sources, can augment the decline in oil and gas production?

New oil and gas production technologies can certainly help in alleviating production decline and they are particularly useful in a country with mature fields.

Solar energy and other renewable resources, in and of themselves, cannot directly augment the decline in oil and gas production.  What they can do is reduce dependence on and consumption of fossil fuels in the production of energy.  At present, T&T’s power production plants run on fossil fuels sold at a subsidized price.  If electricity generation can be directed away from fossil fuels, this can clearly allow the country to achieve a more attractive return on these precious resources, while at the same time reducing our overall carbon footprint and diversifying our economy. While T&T, as a small nation, does not have a major carbon emission contribution on a global scale, we do make a considerable contribution when considered on a per capita basis.

As a mature oil and gas province, finding reliable and efficient alternative sources of energy must be a critical long-term goal worthy of governmental focus and investment. Apart from this motivator, the Government of T&T has now made a considerable undertaking, via the Paris Accords, to reduce cumulative greenhouse gas emissions by 15% from a business-as-usual baseline by 2030.

The Government has made significant planning strides for carbon reduction, with a roadmap strategy for reduction of carbon emissions being in place since 2015.  This, in my view, is an excellent document and contains all the right ideas, but as expected, there have been challenges and struggles with implementation. 

While there have been a number of small pilot solar power generation projects (for instance the Preysal Service Station and the Piarco solar farm), thus far there has been no major shift in the dependence on fossil fuels in power generation.

The seemingly greatest stride has been the utility scale solar projects spearheaded by bp/Shell at Brechin Castle and Orange Grove which are currently in development; but it is no secret that these projects have suffered significant delays. There have also been wind farm potential studies and announcements by the Government which suggest that further development in this area is to come.

It is clear that, as a country, we need to move faster if we are to comply with our undertakings under the Paris Accords and indeed, with the Government’s renewable objectives as stated in Vision 2030.

4: At the launch of the Re-Energise T&T program in November 2022, Minister of Energy and Energy Industries, Stuart Young, stated that Trinidad and Tobago will continue to produce oil and gas, with a focus on responsible, clean oil and gas production.  What environmental, social and governance policies do you believe should be implemented to reduce our carbon footprint within the industry?

Government’s primary tools in the promotion of action by private investment are to (1) incentivize by way of grants and tax breaks; (2) ban and/or regulate through the establishment of mandatory standards; and (3) punish economically by way of taxation and other penalties for non-compliance.

Finding the right balance of these tools for a developing nation with an existing oil and gas industry (with in situ infrastructure of dated design) and which wants to remain attractive to new and continued foreign investment is not an easy task.  Energy security also remains of paramount importance and despite the global movement towards renewables and other alternative sources of energy, the Government must keep this in the forefront of its mind.

Whatever actions are ultimately taken by the Government, they need to be preceded by careful consideration, the appropriate research and extensive consultation with all stakeholders.

We are in the nascent stages of the renewable conversion and the time is right to motivate action through incentivization, as opposed to harsh and unrealistic regulations, bans or penalties. At present, switching wherever possible to greener and renewable sources of energy and implementing strategies for carbon capture seem to be the prime opportunities in front of us and their pursuit needs to be encouraged.

Switching to carbon neutral technologies and implementing carbon capture is an expensive and often capital-intensive process. The Government should consider giving attractive tax concessions that will motivate the use of and conversion to such technologies while maintaining an acceptable return on investment. These could take the form of import and VAT concessions, accelerated capital allowances, tax rebates, credits and/or uplifts so as to reduce purchase and conversion costs. 

The implementation of education and training programs to build technical expertise and to motivate local industry specializations in solar and other renewable/alternative energy projects would also be very helpful and can foster the development of a local service and/or supply industry.

In terms of power generation, the Government has acknowledged that it needs to revise the T&TEC and the Regulated Industries Commission Act, to be more facilitative of renewable power generation.  

At the appropriate time, imposing mandatory regulation, economic sanctions and outright bans will also be the right move.

The upstream companies are well placed to lead the energy conversion and many of them are doing just that. The spearheading of the Brechin Castle and Orange Grove solar projects by bp and Shell provides a prime example. De Novo has also demonstrated that low carbon offshore operations in T&T are in fact viable by utilizing solar and renewable technologies on their platforms.

The drive for the shift is already there – all the Government needs to do at this point is implement strategies that will help it along.

Partnership Announcement

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THE PARTNERS

of

Fitzwilliam, Stone, Furness-Smith & Morgan

announce

the retirement of

MARK JAMES MORGAN

and


MARK REYNOLD RAMKERRYSINGH

as Partners

on December 31, 2023
and the admission of

LESLEY-ANN RAMONA MARSANG

and

STEPHANIE KAISHA MOE

as Partners

on January 1, 2024

MARK MORGAN started practice with the Firm in 1987 and served in the Litigation and Commercial Departments for thirty-six (36) years as a Partner.  He was for many years the Head of the Litigation Department and lead in the Tax and Energy Departments. We wish him all the best in his well-deserved retirement.

MARK RAMKERRYSINGH started practice with the Firm in 1997 and served in the Commercial Department for twenty-six (26) years as an Associate and Partner. During his tenure he made a sterling contribution to the development of corporate and securities legislation in Trinidad and Tobago.  We wish him all the best in his well-deserved retirement.

LESLEY-ANN MARSANG started practice with the Firm in 2015. She first gained valuable experience in our Litigation Department before moving on to practice within our Commercial Department, with particular experience in acquisitions and mergers, foreign investment and Energy.

STEPHANIE MOE started practice with the Firm in 2014. She first gained valuable experience in our Litigation Department before moving on to practice within our Intellectual Property Department, which she now leads. 

Our Firm remains committed to providing its many clients with the very best level of service.  Our departmental organisation remains essentially unchanged.

Commercial Department headed by Kurt Miller with Vishma Jaisingh, Cynetta Lai Leung, Mandisa Regrello, Jon Paul Mouttet, Kaveeta Persad and Lesley-Ann Marsang, all Partners, and Simonne Jaggernauth-Clarke, John Lee, Aaron Bethel, Jon-Ross Dookie and Brendon Simon, all Associates.

Litigation Department headed by Colin Kangaloo, SC with Vishma Jaisingh, Kaveeta Persad and Danielle Inglefield, all Partners, and Simonne Jaggernauth-Clarke, John Lee, Aaron Bethel, Jon-Ross Dookie, Brendon Simon, Kurrisha Aberdeen, Soleil Baldeosingh and Mikayla Darbasie, all Associates.

Real Estate Department headed by Tara Allum with Suella Saunders, Partners, and Brendon Simon, Associate.

Intellectual Property Department headed by Stephanie Moe, Partner, with Jon-Ross Dookie, Associate.

Energy Department headed by Jon Paul Mouttet with Lesley-Ann Marsang, Partners, and Aaron Bethel, Associate.

Tax Department headed by Jon Paul Mouttet, Partner, with Simonne Jaggernauth-Clarke and Aaron Bethel, all Associates.

Probate Department headed by Suella Saunders, Partner.

Appointment of Colin Kangaloo as Senior Counsel

Posted on by Partners
Pictured: Colin B Kangaloo

THE PARTNERS

of

Fitzwilliam, Stone, Furness-Smith & Morgan

take pleasure in announcing the appointment of

COLIN BERNARD KANGALOO

as SENIOR COUNSEL

on 8th May, 2023

COLIN KANGALOO was admitted to practice as an Attorney-at-Law in Trinidad and Tobago in 1993. He started at the Firm as an Associate and became a Partner in 2000.  He has practiced exclusively with the Firm for thirty years, and has a diverse civil law Advocacy practice.  He regularly appears before the courts at all levels, including the Judicial Committee of the Privy Council.

He heads the Firm’s Litigation Department and has oversight of the Firm’s litigation Associates and support staff.

Colin has previously sat as a Temporary Judge of the High Court of Justice of Trinidad and Tobago and served as a member of the Disciplinary Committee of the Law Association to hear complaints against fellow members of his profession.  He was also a tutor in Trial Advocacy at the Hugh Wooding Law School for 20 years.

The Partners are extremely proud of Colin and his achievement and look forward to supporting him in many more years of successful practice.