MATTHEW G W GAYLE

Barrister & Attorney-At-Law

Email:
[email protected]

Phone number:
+1 (868) 623-5287

LATEST CASE:

Successfully represented retired school teacher detained by immigration authorities in his claim for false imprisonment and breach of constitutional rights

BIO

Described as a “formidable advocate”, Matthew’s work encompasses a variety of civil litigation and some criminal defence.

While believing strongly that almost all disputes are best settled out of court, he zealously fights his client’s corner when court action becomes necessary. Matthew has appeared in the Court of Appeal, the High Court as well as the Industrial Court, Equal Opportunities Tribunal and various courts and tribunals.

While Matthew accepts work in a broad range of areas, as a Doctoral Candidate at the University of Birmingham (UK) whose thesis focuses on Caribbean constitutional law, many of Matthew’s cases have a constitutional and/or administrative law dimension.

Prior to self-employed practice, Matthew was the Manager of a specialist university spin off based in Oxford, UK. Having set up the unit, during his tenure the unit focussed on Anti-Money Laundering and Anti-Bribery laws in small jurisdictions and tax havens. Following this he spent a brief stint as the head of regulatory and compliance in a Trinidad and Tobago financial securities firm.

CASES:

Acted as counsel in Gerard Scott -v- The Attorney General of Trinidad and Tobago in the High Court. Scott is a Trinidadian born in Dominica who was arrested by immigration officials and detained in prison like conditions for approximately five months before being released.
RESULT: Scott’s detention declared unconstitutional and the Court made an award for false imprisonment, breach of constitutional rights and exemplary damages.
Acted as counsel in Valerio and Santana -v- The Attorney General of Trinidad and Tobago, on behalf of Valerio and Santana, both of whom are Nationals of the Dominican Republic who had been illegally detained by the Immigration Division following acquittal in the Magistrates’ Court.
RESULT: All charges dismissed following no case submission in the Magistrates’ Court. Declaration made that conduct of the Immigration Division was unconstitutional by the High Court and damages awarded.
Acted as counsel in The Trinidad and Tobago Table Tennis Association -v- Rheann Chung & Dexter. St. Louis in the Court of Appeal, resisting the TTTTA’s appeal to have the injunction stopping all players from attending the 2018 Commonwealth Games set aside.
RESULT: Successful in defending appeal and injunction kept in place by Court of Appeal. Negotiated settlement with Trinidad and Tobago Olympic Committee and clients represented T&T in games
Acted as counsel in Jimdar Caterers -v- The Board of Inland Revenue in the Court of Appeal. This appeal is a leading case which was a procedural appeal from the Tax Appeal Board’s decision on the interpretation and applicability of the rules of court.
RESULT: Successfully persuaded the Court of Appeal that the CPR is applicable rules in the Tax Appeal Board and Court of Appeal and Court of Appeal handed down guidance on procedure to appeal from the Tax Appeal Board.
Acted as counsel in Sahra Fortin -v- The Attorney General in the High Court. Fortin, a Canadian National had been charged with various criminal offences following witnessing an assault of a suspect in a Police Station in Tobago. Fortin protested at what she saw and was subsequently assaulted and arrested for disorderly conduct.
RESULT:Judgment in Fortin’s favour after trial.
Acted as counsel in Climate Control -v- CG Construction Limited in the High Court. Debt collection claim where the defendant attempted to invoke arbitration clause in effort to set-aside judgment in default.
RESULT:Successfully defended challenge to judgment
Acted as Advocate Attorney in Michael Mark-Archibald -v- The Trinidad and Tobago Defence Force in the Equal Opportunities Tribunal. Claimant was recruit who had been dismissed from the force in circumstances which raised serious concerns of religious and/or racial discrimination
RESULT:Court made ruling in Claimant’s favour, while expressing serious concerns around the circumstances of his dismissal.
Acted as counsel for Claimant in Isioma Loveth -v- The Chief Immigration Officer in the High Court. Loveth is a Nigerian National who had been detained by Immigration for over 12 months, having been detained art Piarco International Airport, while attempting to leave Trinidad.
RESULT: Loveth’s detention ruled Unconstitutional and an award of damages made for the Chief Immigration Officer to pay Loveth.

PROFESSIONAL QUALIFICATIONS & AWARDS

PROFESSIONAL QUALIFICATIONS:

2014 Legal Education Certificate, Hugh Wooding Law School
2013 Level 3 Certificate in Global Financial Compliance
2012 Bar Professional Training Course (Very Competent), Nottingham Law School

AWARDS:

2008 Member, Ordo Caligulae Award, Nottingham University

MEMBERSHIPS & PROFESSIONAL ASSOCIATIONS

2017 Member, New City Chambers
2014 Member, Virtus Chambers
2013 Associate, Chartered Institute of Securities and Investments
2013 Member, Association of Compliance Professionals of Trinidad and Tobago
2012 Member, Employment Law Barristers Association
2012 Member, Commonwealth in England Barristers Association
2012 Member, Society of Legal Scholars
2011 Member, The Honorable Society of Middle Temple