If you are a citizen, corporation that has been wronged by the government, department, a statutory corporation, a public official, or the police, you may want to apply for judicial review of that decision. We have represented companies and individual in actions before the High Court and Court of Appeal to vindicate the rights of our clients.
We have expertise in administrative law, constitutional law and human rights and are able to provide clear and sound advice as to whether you have a claim against a public official or government. Our litigation department will ensure that your rights are vindicated and that you get any remedies that may be available.
We readily encourage clients to utilize alternative forms of dispute resolution which, while may not resolve the matter entirely, certainly is a means of reality testing and may narrow the issues in dispute. The objective is to promote settlements through negotiation and mediation that are as objectively fair and efficient as possible and that parties are satisfied to conclude on.
Trusts and Estates
While none of us will live forever, we can certainly try to create something that will. Planning for the longevity of your income and assets for the benefit of your family and successors is not only considerate, but smart. We can help in the preparation of wills and implementation of structures that negate uncertainty and turmoil in your absence.
Some forced heirship provisions do apply by statute in St. Lucia and Barbados and getting our early advice on these can help you to make an informed decision to elect what you prefer to receive after the passing of a loved one.
If you are the administrator, trustee or beneficiary of an estate, we can help to guide you through the administration process to ensure that the decedent’s wishes are honoured in a timely fashion. This includes admitting wills to probate, resealing of foreign probate and administration orders locally, administration of estate assets and proceeds and in unavoidabe instances, contentious probate proceedings.
Tourism is the mainstay of most Caribbean nations and while the hospitality industry cuts a cross section through areas such as labour and employment, public liability and compliance to name a few, this sector has its own unique needs.
We count among our existing clients a few of the better-known hotels and restaurants in Barbados who sustain their reputations through reinvesting in their product offerings and staying current in this highly-competitive sector.
We recognise that our role as counsel is to pave the way with clear advice, contracts and dispute resolution devices that permit them to focus on the creativity and productivity underlying their success. Let us do the same for you.
Laws are designed to regulate the social conduct of individuals in a society. Violation or breach of these laws often results in criminal action. A Court can issue penalties and/or sanctions in the form of a fine, a term of imprisonment or both if there is sufficient evidence to prove an accused’s guilt.
The role of a criminal attorney is to prevent their clients from suffering any abuse of process. To achieve this we are equipped to with the knowledge to represent and advise our clients on how to plea, the steps required in preparing their case for trial, the process involved during trial and mitigation of sentence.
We offer services in an array of criminal matters including but not limited to road traffic violations, assault, wounding, possession of drugs, illegal possession of firearms, illegal possession of ammunition, theft, and rape. We also extend our services to represent individuals applying for protection orders.
Labour and Employment
The employment relationship is indeed one of trust and confidence and it is not uncommon for more time to be spent at work than at home. Laying the proper foundation to govern that relationship is essential to ensure that employee and employer can both focus on productivity.
When intending to terminate or vary the relationship, we can advise you on how best to ensure that the process is efficient and treats each party fairly and according to prevailing law and custom.
Even when representing clients in negotiated settlements, mediation, employment tribunals, lower and high court we maintain a consistent aim of practical solutions that keep in sight the human element of employment relationships.
Intellectual property is an important aspect of commercial activity. Whether you are an artist, a company or a small business, you will need to protect your intellectual property rights. You might need protection for: copyright for your expressions; patents for your inventions; trademarks for your marketing assets, design rights for your creative ideas and many more. You will get professional advice on what intellectual property protection might suit your creation and if requested, we will seek protection for that right.
If you own intellectual property rights, and others are using these rights without your permission, you will need to seek advice at to what remedies, including an injunction or damages, you might have. Our litigation department will assist in matters needing the attention of the courts.
Litigation is always unpleasant, often necessary and sometimes useful. For many clients, their case is their only case, and we try not to lose sight of that when counting you among the persons and entities whose matters we prosecute and defend daily.
Engaging in litigation is often a difficult decision and the course unpredictable. We aim to advise on prospects of success from the outset and throughout the dynamic process to lend predictability to your matter.
Strategy is vitally important in litigation and we try to keep our clients a step ahead while we navigate procedural rules and anticipate possible outcomes to optimize your results.
Under our advice, our clients are mindful of costs consequences and nuisance value of a matter as it progresses and develops so that they may make informed decisions on tactics and the path of their case.
Corporate planning remains one of the most useful tools to shield you from personal liability. We will support your needs from standard incorporation to bespoke corporate constitutional papers at the outset or on restructuring.
As a corporate citizen or foreign entity carrying on an undertaking locally, your corporation will invariably interact with the community, including dealings with creditors, statutory bodies and other corporate entities or individuals. Your corporation, its shareholders, directors and officers will require advice and action on local compliance requirements which we are poised to provide. These players will certainly seek to regulate these relationships with properly drafted contracts and security documents that clearly reflect their intent and dealings.
We are also experienced in representing corporations before the courts in compliance applications for late filing of share transfers, late filing of charges, winding up and other applications under relevant statutes. We have also defended directors and officers in a range of matters from statutory liabilities to negligence actions, shareholders in shareholder disputes and creditors in oppression claims and enforcement actions.
Our experience in this field is solid, having represented insurers, insureds, reinsurers and third parties in a variation of matters.We pursue and defend personal injury claims and maintain access to some of the most current legal resources on topic, ensuring that the benchmark and applicable principles for settlements of claims is reasonable for any party we represent.
Insurance has been the genesis of some of the most creative and well-known contract law cases and principles. It is then no surprise that we are called on to steer clients through the interpretation and application of insurance and reinsurance contracts and representation in complex liability disputes.
The Court system plays a major role in ensuring the survival and maintenance of the family unit. There are however instances where family disputes arise which result in Court proceedings.
As family law attorneys we are provide assist in applications for dissolution of marriage, spousal maintenance and maintenance for the child, variation and/or enforcement of a maintenance award, custody and access, guardianship applications and applications for property settlement.
Real Estate & Planning
We may assist you in many areas of this wide field, may it be obtaining or divesting yourself of a property or taking steps to utilize a real estate asset that you already own.
You may rely on us for accuracy and thoroughness in the investigation of title and real estate transfers especially where unregistered land (which is the majority of property in Barbados) is concerned.
In the event that you may be planning to develop your property, we can help steer you through the planning process, liaise with the proper authorities and advise you in the event of a dispute.
Finisterre Attorneys is all about excellent communication, extensive preparation and strong innovation. We listen to you and thoroughly learn your issues – from a legal perspective with a big-picture view. For years now, we have been devising the best solutions, which address your immediate needs and serve your long-term interests.
We believe in serving the community fairly and help the citizens of Barbados achieve justice.