The Firm’s litigation practice is one of its traditional strengths and it provides a full litigation service with its members appearing before the local courts (including the Judicial Committee of the Privy Council, Court of Appeal, High Court, Industrial Court, Tax Appeal Board and the Environmental Commission), specialist tribunals, commissions of enquiry, arbitrators and mediators.
The Firm’s litigation practice has a commercial focus and regularly involves multi-party insurance claims (including personal injury and negligence claims), judicial review, banking claims, shareholder and take-over disputes, environmental claims, admiralty claims, fraud, product liability, trade-mark infringement, passing off, land disputes, claims against the State and State Enterprises, bankruptcy and insolvency related applications and defamation. The Firm is also very active in labour related litigation and it regularly represents employers, employees and trade unions alike in disputes before the Industrial Court. The Firm also has an active and extensive tax litigation practice and represents international and local clients appealing assessments by the Board of Inland Revenue across various economic sectors on all aspects of tax including, value added tax, PAYE, withholding tax, corporation tax, income tax and petroleum related taxes.
Partners of the Firm have been elevated to the Judiciary, have been appointed and sat as temporary judges and have acted as arbitrators.
The Firm, despite its experience and active role before the local courts and other dispute resolution centres, recognises that alternative dispute resolution or other means of achieving an expeditious settlement of claims is often the more efficient and cost effective alternative to formal litigation proceedings. The Firm’s policy is to deliver concise, practical and accurate advice on the prospects of success and the potential quantum of damages in any given claim so that a client may make a well-informed decision as to whether it wishes to litigate or seek settlement. Court-recommended pre-action protocols are also effectively utilized to secure as much information as possible about a claim prior to settling, commencing or defending litigation. To this end, many of the Firm’s attorneys have received formal mediation and alternative dispute resolution training which is frequently utilized in order to arrive at favourable settlement agreements.
The Litigation and Advocacy Department is also supported by a highly experienced cadre of litigation support staff and maintains relationships with investigators, other litigation support professionals, court marshals and other officers.
Acting as junior counsel for a major copyright collecting organization in a claim for non-payment of licence fees and royalties. [Colin Kangaloo]
Acting as the Umpire in arbitration proceedings between a French Caribbean shipping company and a local port/ship-owning company. [Mark Morgan]
Representing a local regulator in successfully obtaining permanent injunctive relief for breaches of securities regulations. [Colin Kangaloo, Mandisa Regrello]
Acting as counsel for the Claimant in a successful action for negligence involving questions of construction of indemnity clauses before the High Court of Trinidad and Tobago. [Colin Kangaloo]
Acting for the local branch of a large international bank in the defence of a multi-million dollar action brought against it by several other banks arising out of a collapsed financing and negotiating withdrawal of claims. [Mark Morgan, Vishma Jaisingh]
Acting in an arbitration as junior counsel for a major organization in the oil and gas industry. [Colin Kangaloo]
Acting as instructing attorney in a precedent making decision of the High Court in a personal injuries case brought against the occupier of a public beach in which it was found that the occupier had a duty of care and was liable to the users of the beach. [Vishma Jaisingh]
Acting as junior counsel on an application for stay of civil proceedings on basis of ongoing criminal proceedings of a similar nature which was defended in the High Court. [Colin Kangaloo]
Representing investors in a petroleum project who expended substantial sums under an agreement with the owner/operator of the project for the award of an interest in the project and pursuing an oppression action against the owner/operator and its directors personally to compel the grant of the interest as agreed or for restitution of the sums expended on the project. [Vishma Jaisingh]
Acting as junior counsel for Scotiabank Trinidad and Tobago Limited in a matter involving the construction of the bank’s standard Mortgage Bill of Sale Deed before the Court of Appeal of Trinidad and Tobago. [Colin Kangaloo]
Representing numerous corporate and individual bondholders in making claims amounting in aggregate to over $230,000,000.00 against the Colonial Life Insurance Company Limited following that company’s default on their Bonds and taking the issue to Court on behalf of two such claimants and obtaining Judgment for over $28,000,000.00. [Mark Morgan]
Acting as junior counsel for the Commissioner of Police in judicial review proceedings before the Court of Appeal of Trinidad and Tobago. [Colin Kangaloo] Acted as junior counsel for the Attorney General before the Commission of Enquiry into the Construction Sector and the Urban Development Corporation of Trinidad and Tobago. [Colin Kangaloo]
Acting as counsel for the Attorney General of Trinidad and Tobago in judicial review proceedings before the High Court of Trinidad and Tobago. [Colin Kangaloo]
Successfully representing a Canadian aggregate supplier in litigation against National Quarries Limited leading to a Judgment for the equivalent of $12,000,000.00. [Mark Morgan] Acting as counsel for an insurance broker named as third party in a successfully defended multimillion dollar claim before the High Court of Trinidad and Tobago. [Colin Kangaloo]
Acting as Counsel for the claimant in a successful action for the equitable tracing and restitution of funds. [Colin Kangaloo]
Acting for the claimant in a successful action for specific performance of an agreement for sale of shares before the High Court of Justice. [Colin Kangaloo]
Acting as counsel for the Trinidad and Tobago Securities and Exchange Commission in successfully obtaining a Mareva (freezing of assets) order and the appointment of a Receiver. [Colin Kangaloo]
Acting as junior counsel for a major accounting firm before the Commission of Enquiry into the failure of CL Financial Limited et al and the Hindu Credit Union Society Cooperative Limited. [Colin Kangaloo]