OECS Law Conference 2017
by Mitchell & Co. | Jun 29, 2017 | | 0 comments
473.435.2017/473.439.2017 office@mitchellsco.com
by Mitchell & Co. | Jun 29, 2017 | | 0 comments
This area of law is interested in ensuring that the actions of Government and public bodies are lawful and reviewable. At Mitchell & Co. we have earned a reputation for seeking redress for citizens who have been aggrieved by the actions and decisions of Government and public bodies. We have also had occasion to defend the actions and decisions of public bodies against claims by citizens.
At Mitchell & Co. we are proponents for the amicable resolution of disputes wherever possible and have accompanied countless clients at mediation sessions handled by highly trained and qualified mediators who were able to peaceably resolve some of the most contentious matters. In Grenada, mediation is a voluntary process, so while we may advise our clients of this option, the final decision always rests with the client. Although some jurisdictions in the region have taken the process one step further by implementing Judicial Mediation, this remains a foreign concept in Grenada. Another method of ADR commonly utilized in Grenada is Arbitration and in fact, many modern contracts contain an arbitration clause wherein the parties are contractually obligated to proceed to arbitration should any conflict, breach or contention arise under the contract. These forms of ADR are helpful, quick and inexpensive options available to clients to settle issues on terms negotiated on their own.
Mitchell & Co. boasts a team of experienced professionals who have had long-standing relationships with some of the larger banking and financial-related institutions in Grenada. We have represented multinational entities in the law of banking and finance and are experts at advising clients on the restrictions, obligations and requirements under the Banking Act No. 19 of 2005, which regulates all banking business in Grenada save offshore banking. Our services include, but are not limited to, project financing, mortgages and security documents, buyouts, acquisitions and take-overs, equity investments and financing mergers.
A large portion of our practice involves complex civil litigation on behalf of our corporate and individual clients at the High Court, the Court of Appeal and less frequently at the Magistrate Court. We are serious about advocacy and representing our clients zealously to ensure clients’ satisfaction. Our expertise in civil litigation is extensive and ranges from personal injury claims, contract disputes and negligence claims to property disputes, defamation claims, judicial review claims and debt recovery actions. Civil Proceedings in Grenada are governed by the Eastern Caribbean Civil Procedure Rules 2000 (as amended) and the Civil Procedure Act.
The Grenada Constitution Order 1973 is the supreme law of Grenada and pursuant to section 106 “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law, to the extent of the inconsistency, be void”. At Mitchell & Co. we are passionate about the observance and protection of the fundamental and other rights guaranteed by the Constitution Order and have filed numerous constitutional motions in the High Court of Grenada challenging the constitutionality of Government actions and seeking redress for aggrieved citizens.
At Mitchell & Co. our clients depend on us to provide them with sound advice before embarking on developmental and commercial ventures that carry varying degrees of risk. We pride ourselves on conducting thorough research on the commercial landscape locally, regionally and internationally as well as the respective laws affecting the growth prospects of businesses to comprehensively advise our commercial clientele.
Companies in Grenada are formed and registered in strict accordance with the Companies Act which is a very comprehensive piece of legislation that sets out the powers, capacity and duties of Companies in Grenada. We have registered hundreds of Companies in Grenada including limited liability companies, external companies and non-profit companies. We are often called upon to render legal advice to several Boards of Directors in carrying out their respective mandates. We are experts at drafting, reviewing and advising companies on their constitutions to ensure conformity with the Companies Act. We offer all company-related services available under the Companies Act.
Our attorneys are experts in drafting and reviewing construction contracts on behalf of both contractor and employer with a view to unambiguously setting out the rights and obligations of the respective parties in an industry that is becoming increasingly contentious and often ends in discord between the parties. We have also litigated claims in the High Court involving alleged breaches of construction contracts.
We are experts at drafting and reviewing all kinds of contracts and agreements with a view to achieving the desired effect and import on behalf of the client. We have represented clients at the High Court and Appellate Court in various matters involving material misrepresentations in contracts and general breaches of contract. Contract law in Grenada is primarily governed by the common law of the UK.
Corporate law is really a species of Company Law and governs the interactions between and among shareholders, creditors, directors, employees and other stakeholders. Commercial Law governs transactions between business entities and encompasses both foreign and domestic trade including trade between states. We are most often called upon to provide advisory services in relation to these areas of practice.
We offer debt recovery services which range from issuing demand letters to drafting proposals for debt liquidation to filing claims in the High Court for monies due and owing. We also file enforcement proceedings in the High Court to realise unsatisfied judgments.
In Grenada, the law governing the scope and regulation of employment can be found in the Employment Act and Labour Relations Act. There is a persistent debate in legal and business circles about the interpretation of certain sections of these Acts and we are often retained to render legal opinions on their true intent and application.
We currently represent several Employers in employment and trade disputes before Arbitration Tribunals, the High Court and the Court of Appeal.
Often, we render advice to our clients in relation to best practices in terminating employment relationships within the law with a view to eliminating or limiting liability for wrongful and/or unfair dismissal claims. We are experts at drafting and reviewing employment contracts guided by the specific needs of the client and ensuring their conformity with the Employment Act.
Employees also retain our services to advise them in relation to the lawfulness of the termination of their services and the remedies available to them to seek redress. We have successfully represented Employees in securing compensation lawfully due to them consequent on termination at the instance of the Employer.
We provide legal expertise in all family-related matters including divorces and ancillary relief, separation agreements, spousal maintenance, maintenance for children, visitation and custody matters, legal guardianship, applications in relation to patients under the Mental Health Act 1959 (UK) and adoption applications. At Mitchell & Co. our initial approach to family matters is always non-adversarial and with a view to conciliation wherever possible subject, of course, to the inclinations of our clients, who we pledge to represent fairly and zealously.
The insurance industry in Grenada is regulated by the Insurance Act. The Supervisor of Insurance, the Grenada Authority for the Regulation of Financial Institutions (GARFIN), is charged with the responsibility for the general administration of the Act. The Act regulates the operations of insurance businesses and the operations of pension fund plans.
We act for major insurance companies in Grenada in both contentious and non-contentious matters and have been involved in complex insurance litigation in the High Court and the Court of Appeal.
Intellectual Property is a dynamic area of law gaining much traction in Grenada. Our expertise in the field covers the areas of Trademarks, Patents and Copyright. We also provide consultancy services to prospective clients by assisting them with selecting the most effective method of legal protection for their creative works.
The ratio of our local to international clientele is almost 1:7 but this is quickly changing as Grenadians are becoming more astute about intellectual property rights.
The firm offers accurate and efficient services in Trademark and Patent Registrations. Our clients enjoy the convenience of our reliable docketing system which caters for on-the-clock maintenance of all trademarks and patents for which we are the agents on record. Our Intellectual Property Paralegal, Mr. Ricardo Sylvester, is specially trained to efficiently handle all Intellectual Property-related matters at our firm.
To find out more about the statutory requirements for the registration of trademarks and other trademark-related services offered by the firm, click here. If you are interested in the registration of patents, click here.
The Law of Succession deals with the regulation and distribution of one’s estate consequent on his/her death and differs procedurally and substantively, if the deceased died testate or intestate. We offer the following services in relation to this area of law:
At Mitchell & Co. we offer sound legal strategic advice to companies interested in consolidation by either combining or transferring their ownership. We guide our corporate clients through the consolidation process whether it be by purchasing assets, purchasing common shares, exchanging shares for assets or exchanging shares for shares. We have worked on several transnational mergers and acquisitions and have advised major companies on potential take-overs.
We are notaries public for the state of Grenada and notarize certain classes of documents by witnessing and authenticating their execution.
We are experts in property law and act for several financial institutions and real estate developers in property-related matters. We offer consultancy services to vendors, purchasers, lending institutions and real estate agencies and provide the following services: –
We are experts on the law of taxation and are often retained to issue legal opinions to our business and international clientele on the import and application of various of our tax laws including income tax, property transfer tax and value added tax.
We are experts on the law of taxation and are often retained to issue legal opinions to our business and international clientele on the import and application of various of our tax laws including income tax, property transfer tax and value added tax.
Intellectual Property is a dynamic area of law gaining much traction in Grenada. Our expertise in the field covers the areas of Trademarks, Patents and Copyright. We also provide consultancy services to prospective clients by assisting them with selecting the most effective method of legal protection for their creative works.
The ratio of our local to international clientele is almost 1:7 but this is quickly changing as Grenadians are becoming more astute about intellectual property rights.
The firm offers accurate and efficient services in Trademark and Patent Registrations. Our clients enjoy the convenience of our reliable docketing system which caters for on-the-clock maintenance of all trademarks and patents for which we are the agents on record. Our Intellectual Property Paralegal, Mr. Ricardo Sylvester, is specially trained to efficiently handle all Intellectual Property-related matters at our firm.
To find out more about the statutory requirements for the registration of trademarks and other trademark-related services offered by the firm, click here. If you are interested in the registration of patents, click here.
Corporate law is really a species of Company Law and governs the interactions between and among shareholders, creditors, directors, employees and other stakeholders. Commercial Law governs transactions between business entities and encompasses both foreign and domestic trade including trade between states. We are most often called upon to provide advisory services in relation to these areas of practice.
At Mitchell & Co. our clients depend on us to provide them with sound advice before embarking on developmental and commercial ventures that carry varying degrees of risk. We pride ourselves on conducting thorough research on the commercial landscape locally, regionally and internationally as well as the respective laws affecting the growth prospects of businesses to comprehensively advise our commercial clientele.
We are experts in property law and act for several financial institutions and real estate developers in property-related matters. We offer consultancy services to vendors, purchasers, lending institutions and real estate agencies and provide the following services:
-Mortgage Preparation
-Drafting of Conveyancing Documents (Deeds of Gift, Deeds of Assent, Deeds of Sale, Trust Deeds, Deeds of Assignment, Deeds of Rectification and Reconveyances)
-Drafting and Settling Leases and Licences
-Drafting Property Management Agreements
-Preparation of Security Documents
-Investigation of Title at the Deeds and Land Registry of Grenada
-Applications for Orders of Possessory Title to Land
-Applications for Aliens Land-Holding Licences on behalf of non-nationals or ‘aliens’ to hold interest in real property in Grenada
-Applications for Government Consents
-Drafting Purchase & Sale Agreements
-Drafting and Reviewing Assignment of Grant of Easements
The insurance industry in Grenada is regulated by the Insurance Act. The Supervisor of Insurance, the Grenada Authority for the Regulation of Financial Institutions (GARFIN), is charged with the responsibility for the general administration of the Act. The Act regulates the operations of insurance businesses and the operations of pension fund plans.
We act for major insurance companies in Grenada in both contentious and non-contentious matters and have been involved in complex insurance litigation in the High Court and the Court of Appeal.
We are experts at drafting and reviewing all kinds of contracts and agreements with a view to achieving the desired effect and import on behalf of the client. We have represented clients at the High Court and Appellate Court in various matters involving material misrepresentations in contracts and general breaches of contract. Contract law in Grenada is primarily governed by the common law of the UK.
A large portion of our practice involves complex civil litigation on behalf of our corporate and individual clients at the High Court, the Court of Appeal and less frequently at the Magistrate Court. We are serious about advocacy and representing our clients zealously to ensure clients’ satisfaction. Our expertise in civil litigation is extensive and ranges from personal injury claims, contract disputes and negligence claims to property disputes, defamation claims, judicial review claims and debt recovery actions. Civil Proceedings in Grenada are governed by the Eastern Caribbean Civil Procedure Rules 2000 (as amended) and the Civil Procedure Act.
We are notaries public for the state of Grenada and notarize certain classes of documents by witnessing and authenticating their execution.
We provide legal expertise in all family-related matters including divorces and ancillary relief, separation agreements, spousal maintenance, maintenance for children, visitation and custody matters, legal guardianship, applications in relation to patients under the Mental Health Act 1959 (UK) and adoption applications. At Mitchell & Co. our initial approach to family matters is always non-adversarial and with a view to conciliation wherever possible subject, of course, to the inclinations of our clients, who we pledge to represent fairly and zealously.
Our attorneys are experts in drafting and reviewing construction contracts on behalf of both contractor and employer with a view to unambiguously setting out the rights and obligations of the respective parties in an industry that is becoming increasingly contentious and often ends in discord between the parties. We have also litigated claims in the High Court involving alleged breaches of construction contracts.
Mitchell & Co. boasts a team of experienced professionals who have had long-standing relationships with some of the larger banking and financial-related institutions in Grenada. We have represented multinational entities in the law of banking and finance and are experts at advising clients on the restrictions, obligations and requirements under the Banking Act No. 19 of 2005, which regulates all banking business in Grenada save offshore banking. Our services include, but are not limited to, project financing, mortgages and security documents, buyouts, acquisitions and take-overs, equity investments and financing mergers.
At Mitchell & Co. we offer sound legal strategic advice to companies interested in consolidation by either combining or transferring their ownership. We guide our corporate clients through the consolidation process whether it be by purchasing assets, purchasing common shares, exchanging shares for assets or exchanging shares for shares. We have worked on several transnational mergers and acquisitions and have advised major companies on potential take-overs.
In Grenada, the law governing the scope and regulation of employment can be found in the Employment Act and Labour Relations Act. There is a persistent debate in legal and business circles about the interpretation of certain sections of these Acts and we are often retained to render legal opinions on their true intent and application.
We currently represent several Employers in employment and trade disputes before Arbitration Tribunals, the High Court and the Court of Appeal.
Often, we render advice to our clients in relation to best practices in terminating employment relationships within the law with a view to eliminating or limiting liability for wrongful and/or unfair dismissal claims. We are experts at drafting and reviewing employment contracts guided by the specific needs of the client and ensuring their conformity with the Employment Act.
Employees also retain our services to advise them in relation to the lawfulness of the termination of their services and the remedies available to them to seek redress. We have successfully represented Employees in securing compensation lawfully due to them consequent on termination at the instance of the Employer.
At Mitchell & Co. we are proponents for the amicable resolution of disputes wherever possible and have accompanied countless clients at mediation sessions handled by highly trained and qualified mediators who were able to peaceably resolve some of the most contentious matters. In Grenada, mediation is a voluntary process, so while we may advise our clients of this option, the final decision always rests with the client. Although some jurisdictions in the region have taken the process one step further by implementing Judicial Mediation, this remains a foreign concept in Grenada. Another method of ADR commonly utilized in Grenada is Arbitration and in fact, many modern contracts contain an arbitration clause wherein the parties are contractually obligated to proceed to arbitration should any conflict, breach or contention arise under the contract. These forms of ADR are helpful, quick and inexpensive options available to clients to settle issues on terms negotiated on their own.
The Law of Succession deals with the regulation and distribution of one’s estate consequent on his/her death and differs procedurally and substantively, if the deceased died testate or intestate. We offer the following services in relation to this area of law:
– Preparation of Wills and Codicils
– Applications for Grants of Letters of Administration
– Applications for Grants of Probate
– Resealing of Grants
– Advisory services to Executors and Administrators on the lawful distribution of estates
– Advisory services to Beneficiaries on their legal entitlement to estates
– Estate Claims and Litigation
We offer debt recovery services which range from issuing demand letters to drafting proposals for debt liquidation to filing claims in the High Court for monies due and owing. We also file enforcement proceedings in the High Court to realise unsatisfied judgments.
Companies in Grenada are formed and registered in strict accordance with the Companies Act which is a very comprehensive piece of legislation that sets out the powers, capacity and duties of Companies in Grenada. We have registered hundreds of Companies in Grenada including limited liability companies, external companies and non-profit companies. We are often called upon to render legal advice to several Boards of Directors in carrying out their respective mandates. We are experts at drafting, reviewing and advising companies on their constitutions to ensure conformity with the Companies Act. We offer all company-related services available under the Companies Act.
This area of law is interested in ensuring that the actions of Government and public bodies are lawful and reviewable. At Mitchell & Co. we have earned a reputation for seeking redress for citizens who have been aggrieved by the actions and decisions of Government and public bodies. We have also had occasion to defend the actions and decisions of public bodies against claims by citizens.
The Grenada Constitution Order 1973 is the supreme law of Grenada and pursuant to section 106 “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law, to the extent of the inconsistency, be void”. At Mitchell & Co. we are passionate about the observance and protection of the fundamental and other rights guaranteed by the Constitution Order and have filed numerous constitutional motions in the High Court of Grenada challenging the constitutionality of Government actions and seeking redress for aggrieved citizens.
The Grenada Constitution Order 1973 is the supreme law of Grenada and pursuant to section 106 “if any other law is inconsistent with this Constitution, this Constitution shall prevail and the other law, to the extent of the inconsistency, be void”. At Mitchell & Co. we are passionate about the observance and protection of the fundamental and other rights guaranteed by the Constitution Order and have filed numerous constitutional motions in the High Court of Grenada challenging the constitutionality of Government actions and seeking redress for aggrieved citizens.
At Mitchell & Co. we are proponents for the amicable resolution of disputes wherever possible and have accompanied countless clients at mediation sessions handled by highly trained and qualified mediators who were able to peaceably resolve some of the most contentious matters. In Grenada, mediation is a voluntary process, so while we may advise our clients of this option, the final decision always rests with the client. Although some jurisdictions in the region have taken the process one step further by implementing Judicial Mediation, this remains a foreign concept in Grenada.
Another method of ADR commonly utilized in Grenada is Arbitration and in fact, many modern contracts contain an arbitration clause wherein the parties are contractually obligated to proceed to arbitration should any conflict, breach or contention arise under the contract. These forms of ADR are helpful, quick and inexpensive options available to clients to settle issues on terms negotiated on their own.