The legal system of Antigua and Barbuda
English common law with a bicameral Westminster parliament and the monarch as head of state. Judicial business runs through the shared Eastern Caribbean Supreme Court, and final appeal remains with the Privy Council: a 2018 referendum on replacing it with the Caribbean Court of Justice was defeated. Barbuda has a distinct land-tenure regime, historically communal, and litigation over the Barbuda Land Act amendments has been among the most significant constitutional property litigation in the OECS.
Legal tradition
Antigua and Barbuda belongs to the common law tradition. English common law with a bicameral Westminster parliament and the monarch as head of state. Judicial business runs through the shared Eastern Caribbean Supreme Court, and final appeal remains with the Privy Council: a 2018 referendum on replacing it with the Caribbean Court of Justice was defeated. Barbuda has a distinct land-tenure regime, historically communal, and litigation over the Barbuda Land Act amendments has been among the most significant constitutional property litigation in the OECS.
How power is divided
Unitary, with a statutory Barbuda Council exercising local government functions on Barbuda under the Barbuda Local Government Act. Antigua's six parishes are administrative only.
Where law comes from
- The Constitution
- Supreme law.
- Acts of Parliament
- House of Representatives and Senate.
- Received English common law and equity
- Continued in force at independence.
- Judicial precedent
- Privy Council decisions bind; ECSC Court of Appeal decisions bind below.
The legal profession
A fused profession of legal practitioners admitted by the High Court following a law degree and the Legal Education Certificate, or admission in another approved jurisdiction. The Antigua and Barbuda Bar Association represents the profession.
Law by topic in Antigua and Barbuda
- Business & CorporateCompanies Act 1995 with an international business corporation regimeThe Companies Act 1995 adopts the CARICOM harmonised model with articles of incorporation and no ultra vires doctrine, administered by the Intellectual Property and Commerce Office. The International Business Corporations Act supports a separate offshore sector regulated by the Financial Services Regulatory Commission. Insolvency is governed by the Bankruptcy Act together with the winding-up provisions of the Companies Act.
- Family LawDivorce Act with maintenance in the Magistrate's CourtDivorce is governed by the Divorce Act on the ground of irretrievable breakdown, established by separation or by conduct. The Status of Children Act equalises the position of children born outside marriage, and the Child Justice Act and Care and Protection legislation deal with children at risk. Maintenance and domestic violence protection orders are obtained in the Magistrate's Court.
- Constitutional Law1981 Constitution with Barbuda's distinct land regimeThe Antigua and Barbuda Constitution Order 1981 created a parliamentary monarchy with a Governor-General, a bicameral Parliament and an independent judiciary, with fundamental rights in Chapter II enforceable in the High Court. A 2018 referendum to replace the Privy Council with the Caribbean Court of Justice was rejected, so the Privy Council remains the final court. Barbuda, though not a separate state, has a Barbuda Council and a distinctive communal land system that has generated significant constitutional litigation.
- Employment & LabourLabour Code with an Industrial CourtThe Antigua and Barbuda Labour Code is a consolidated statute covering contracts of employment, minimum wage, hours, leave, termination and trade union rights. It creates an Industrial Court with jurisdiction over trade disputes and a Labour Commissioner who investigates individual complaints. Dismissal requires a valid reason within the Code, and the Court can order reinstatement.
- Civil ProcedureECSC Civil Procedure Rules 2000 with a commercial divisionCivil litigation follows the Eastern Caribbean Supreme Court Civil Procedure Rules 2000, with a claim form and statement of claim, 14 days to acknowledge service and 28 days for a defence. Antigua and Barbuda hosts the ECSC headquarters in St John's, which in practice means readier access to the Court of Appeal than in the other member states. The Public Authorities Protection Act shortens the limitation period for claims against the state to one year.
- Criminal LawOffences Against the Person Act with abolition of the death penalty in practiceCriminal law rests on the Offences Against the Person Act, the Larceny Act and the Misuse of Drugs Act, with the Criminal Procedure Act governing trial. Indictable matters are tried in the High Court before a jury, and summary matters before a magistrate. Prosecutions are brought by the Director of Public Prosecutions, whose independence is constitutionally protected.
- Property & LandRegistered Land Act with the Barbuda communal exceptionAntigua operates a registered title system under the Registered Land Act, so the register is the source of title and a transfer takes effect on registration. Non-citizens require a non-citizen land holding licence. Barbuda is the exception: land there has been held communally under the Barbuda Land Act 2007, and whether freehold title can now be issued depends on the contested 2018 amendments.
- Immigration & NationalityImmigration and Passport Act with CARICOM entry and a CBI programmeThe Immigration and Passport Act governs entry, residence and removal. CARICOM nationals with a skills certificate may work without a permit, and other CARICOM nationals receive a six-month stay on arrival. The Citizenship by Investment Programme Act 2013 grants citizenship on an approved investment, and unusually among regional programmes it imposes a short physical presence requirement of five days in the first five years.
- Tax LawNo personal income tax, with ABST at 17 percentAntigua and Barbuda abolished personal income tax in 2016, so individuals pay no tax on employment or investment income, though corporation tax remains at 25 percent. The Antigua and Barbuda Sales Tax, a value added tax in substance, is charged at 17 percent, one of the higher rates in the region. Property tax is levied annually on the assessed value, and there is no capital gains or inheritance tax.
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