The legal system of Barbados
English common law with one of the oldest continuous legislatures in the western hemisphere, the House of Assembly having first sat in 1639. Barbados became a parliamentary republic on 30 November 2021, replacing the monarch with a President elected by Parliament. It was the first state to accept the appellate jurisdiction of the Caribbean Court of Justice when the court opened in 2005, so appeals now end in Port of Spain rather than London.
Legal tradition
Barbados belongs to the common law tradition. English common law with one of the oldest continuous legislatures in the western hemisphere, the House of Assembly having first sat in 1639. Barbados became a parliamentary republic on 30 November 2021, replacing the monarch with a President elected by Parliament. It was the first state to accept the appellate jurisdiction of the Caribbean Court of Justice when the court opened in 2005, so appeals now end in Port of Spain rather than London.
How power is divided
Unitary. Parliament legislates for the whole island and the 11 parishes have no legislative powers; there is no elected local government tier.
Where law comes from
- The Constitution
- Supreme law; amended in 2021 to establish the republic.
- Acts of Parliament
- House of Assembly and Senate.
- Received English common law and equity
- Continued in force, developed by Barbadian and CCJ decisions.
- Judicial precedent
- Caribbean Court of Justice decisions bind; earlier Privy Council decisions remain authoritative unless departed from.
The legal profession
A fused profession of attorneys-at-law under the Legal Profession Act, admitted after a law degree and the Legal Education Certificate. The Barbados Bar Association handles professional matters and a statutory Disciplinary Committee hears complaints.
Law by topic in Barbados
- Business & CorporateCompanies Act with a converged international business regimeThe Companies Act, Cap. 308 follows the Canadian model and governs incorporation, with registration at the Corporate Affairs and Intellectual Property Office. Following the 2018 to 2019 reforms responding to international tax standards, the former offshore International Business Companies regime was repealed and rates converged, so domestic and international companies are taxed on the same sliding scale. Societies with restricted liability remain available under their own Act.
- Tax LawIncome Tax Act with converged corporate rates and VAT at 17.5 per centIncome and corporation tax are charged under the Income Tax Act, Cap. 73, administered by the Barbados Revenue Authority. Since the 2019 convergence, corporate rates run on a sliding scale that applies to domestic and internationally focused companies alike, replacing the old offshore preferences. VAT under the Value Added Tax Act is charged at a standard rate of 17.5 per cent, with a higher rate for certain accommodation.
- Constitutional Law1966 Constitution, a republic since 2021, with the CCJ as final courtThe Constitution of 1966 remains in force, but Barbados became a parliamentary republic on 30 November 2021 through the Constitution (Amendment) (No. 2) Act 2021, replacing the monarch with a President as head of state. Barbados was also the first state to accept the appellate jurisdiction of the Caribbean Court of Justice, in 2005, so appeals no longer go to London. A Constitutional Reform Commission has been working on a wholly new constitution.
- Civil ProcedureSupreme Court Civil Procedure Rules 2008 with CCJ appealsThe Supreme Court (Civil Procedure) Rules 2008 govern High Court proceedings, with an overriding objective, case management conferences and standard disclosure. Claims are issued in the High Court, or in a Magistrates' Court for lower-value matters. Appeals go to the Court of Appeal and then to the Caribbean Court of Justice, which replaced the Privy Council in 2005.
- Property & LandProperty Act conveyancing with a land tax on improved valueBarbados uses a deeds-based conveyancing system under the Property Act, Cap. 236, rather than full Torrens registration, so title is proved through a chain of registered conveyances at the Land Registry. Non-nationals may buy freely, but funds should be registered with the Central Bank so that sale proceeds can be repatriated. Land tax is charged annually on the improved value of the parcel.
- Family LawFamily Law Act with union other than marriage recognisedThe Family Law Act, Cap. 214 governs divorce, property adjustment and maintenance, and expressly extends property and maintenance rights to a union other than marriage, meaning a cohabiting couple who have lived together for at least five years. Divorce is granted on irretrievable breakdown evidenced by twelve months' separation. Children's matters apply a welfare-first approach under the Minors Act and the Child Care Board Act.
- Employment & LabourEmployment Rights Act 2012 with an Employment Rights TribunalThe Employment Rights Act 2012 introduced a general statutory right not to be unfairly dismissed, a written statement of particulars, and the Employment Rights Tribunal to hear complaints. Redundancy payments continue under the Severance Payments Act. The Act also codified disciplinary procedure in a schedule, so a dismissal that skips the required steps is vulnerable regardless of the underlying merits.
- Immigration & NationalityImmigration Act permits plus the 12-month Welcome StampWork by a non-national requires a permit under the Immigration Act, Cap. 190, issued by the Immigration Department, and permits are usually tied to a specific employer. Barbados also operates the Barbados Welcome Stamp, a twelve-month renewable visa for remote workers earning from outside Barbados, introduced in 2020. CARICOM skilled nationals may work without a permit on presentation of a recognised certificate.
- Criminal LawOffences Against the Person Act with the mandatory death penalty struck downSubstantive offences are set out in the Offences Against the Person Act, Cap. 141 and related statutes, with procedure in the Criminal Procedure Act. Following the CCJ's decision in Nervais and Severin v The Queen in 2018, the mandatory death sentence for murder was held unconstitutional, and sentencing for murder is now discretionary. The Director of Public Prosecutions conducts prosecutions.
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