First called to the Jamaican Bar in 1982 and appointed Queen’s Counsel in 2010, Allan has acted in a broad range of complex litigation, including several appeals to the Judicial Committee of the Privy Council. In addition to Jamaica, Allan has appeared in Caribbean Territories in the Eastern Caribbean (Anguilla), Cayman and the Turks & Caicos Islands. He has for several consecutive years been ranked in Band 1 by Chambers Global for general business law dispute resolution.

Allan is also available for arbitrations, being a Member the Chartered Institute of Arbitrators (MCIArb).

In March 2016 Allan was appointed chairman of the General Legal Council. Allan has also chaired the committee that created the regulatory guidance applicable to attorneys designated as non-financial businesses under the Proceeds of Crime Act.

Some cases which illustrate the range of matters in which Allan has been involved are as follows:

  • Trinidad Cement Limited & Arawak Cement Co Limited v The State of Barbados; Rock Hard Cement v The State of Barbados & The Caribbean Community [2019] CCJ OJ 6 ruling that where COTED allowed a Member State to charge taxes higher than the regional tariff on the importation of cement from outside the region, there was no need for the Member State to obtain approval from COTED to revert to the CET.
  • Williamson & Roberts v Port Authority of Jamaica [2019] JMCA Civ 8 determining whether retired employees entitled to recover a discretionary retirement benefit notwithstanding Auditor General’s report that Ministry of Finance guidelines prohibited such grant.
  • Jamaica Bar Association v The Attorney General and The General Legal [2017] JMFC Full 02 determining the constitutionality of application of the Proceeds of Crime Act and Regulations to attorneys.
  • Recreational I (Jamaica) Ltd v Lazarus [2016] UKPC 22 determining the issue of whether a bona fide purchaser of registered land takes free of rights acquired by adverse possession.
  • Hickox v Brilla Master Fund SPA et al [2015] UKPC 30 appearing for the appellants, this litigation concerned property part of the prestigious Cap Juluca Resort in Anguilla; the Judicial Committee of the Privy Council allowed the appeal from a decision of the Eastern Caribbean Court of Appeal and restored an order for sale of the property.
  • Bastion Holdings Limited v Jorril Financial Inc. [2007] UKPC 60; (2007) 71 WIR 280 attempt to divert the assets of a company from the application of a freezing order; this litigation concerned a trust created by the late Paul Geddes to benefit his children which was successfully pursued throughout all stages up to the Judicial Committee of the Privy Council on behalf of the beneficiaries.
  • Lascelles DeMercado & Co Ltd (LDM) and Black Sand Acquisition Inc. (Nos. 1 and 2) 2011HCV05965;[2012] JMSC Civ 47 acting for LDM to successfully resist a takeover bid for the company, this litigation raised issues of the standard of care required when making a takeover bid, the duty of a bidder to prevent a false market, and whether the Securities Act created a statutory cause of action in respect of insider trading.
  • Oral Selver v Dr Edward Smith et al (Supreme Court Turks & Caicos Islands), February 2013 concerning the first general elections called in the Turks & Caicos Islands after the imposition of direct rule, the outcome of the elections turned on a single seat; a by-election was forced by the successful presentation of an election petition.
  • Coke v Minister of Justice and the DPP (Supreme Court Jamaica), appearing for the Minister of Justice and the Attorney General of Jamaica and heard during the 2010 State of Emergency, an application by the fugitive to seek judicial review of the decision to proceed with his extradition was resisted.

Publications and Lectures:

  • Apparent Bias (the Judge is a friend) lecture for the General Legal Council’s continuing legal education program March 2019.
  • Deconstructing POCA presentation to the 4th Biennial CALCA Conference October 2016.
  • The Proceeds of Crime Act – Considerations Regarding The Duties of Attorneys (presented at Jamaica Bar Association Conference in November 2011).
  • The Art of Writing Judgments (In the Disciplinary Committee) Jambar Publication (2008) Vol 23 No 1 14.
  • The Art of Writing Awards (presentation to the Industrial Disputes Tribunal April 2010).
  • The Extension of Suspicious Transaction Reporting to the Professions (presented at conference hosted by Financial Services Commission and the Association of Chartered Certified Accountants on14th February 2013).
  • Apparent Bias – The Importance of Public Perception (2007) 32 WILJ No.2105.
  • Competition Legislation and the Legal Profession – Developments in Jamaica- Caribbean Law and Business. Vol. 5 No. 1 (1994) 59.

Email: aswood.lal@cwjamaica.com