Advocacy, Litigation and ADR

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.

Mark James Morgan, Partner | Colin Kangaloo, Partner | Vishma Jaisingh, Partner | Jon Paul Mouttet, Partner (Tax)