CLAIMS & DISPUTE RESOLUTION

PERSONAL INJURY

This area governs the recovery of compensation for the many ways in which a person can be injured. These include injuries sustained in a motor vehicle accident, at someone else’s home or place of business, while at work or “on the job”, as a result of a physical assault or even through negligent medical treatment. Not only do these injuries usually prevent people from being able to do many of the things they normally do, but they also often create a number of high expenses.

At KCT Chambers, we understand that this can be an especially uncomfortable, frustrating and financially taxing time. With that in mind, we work tirelessly to make the process a little easier. Our role is to first determine whether you are entitled to compensation, then provide clear advice on the process and steps that you can take to ease the burden. Most importantly, thereafter we take prompt and decisive action on your behalf. This includes:

  • Communicating with the responsible party;
  • Obtaining medical evidence of the extent of the injuries;
  • Researching the extent of the compensation to which you are entitled;
  • Negotiating a monetary settlement; and
  • Conducting Court proceedings on your behalf, if necessary.

ADMINISTRATIVE CLAIMS

Government entities and public officials are vested with a number of extensive powers. The manner in which those powers are exercised can have wide ranging and significant impacts on us all. This can range from a simple denial of a permit without a reason to an unlawful seizure of your property. Fortunately, Administrative law exists to provide individuals with the right to have a High Court Judge review specific decisions and actions of government entities and public officials to determine whether they have acted within the scope of their powers and followed the proper procedures in doing so. Following the review, a High Court Judge can order a number of remedies for those affected such as compensation, quashing the decision or even prohibiting or mandating a certain action.

Even though these powers are vested in the Court, through early communication of the breach to the offending entity it is possible to obtain relief through an out-of- court settlement. This is the most time and cost effective means of resolving these matters.

At KCT Chambers our role is to determine whether our clients are entitled to relief, promptly advise them of their options and to pursue any available remedies through the swiftest and most cost effective means. We do so by:

  • Carefully and promptly evaluating the circumstances;
  • Researching liability and remedies;
  • Providing detailed advice of the most appropriate course of action;
  • Urgently advising the offending entity of the claim;
  • Negotiating Settlements; and
  • Conducting any necessary Court Proceedings.

CONSTITUTIONAL CLAIMS

The Constitution of Barbados guarantees each and every person a number of fundamental rights and freedoms. It also provides a means by which any current or potential infringement of those rights can be challenged, remedied and compensated. In many instances, an individual’s rights are trampled upon by government officials or even large and powerful entities and agencies. In the face of that, it can seem like an insurmountable task to challenge them. At KCT Chambers, we stand with our clients and take on the responsibility of challenging all such forms of injustice without fear or favour. Our role is to evaluate the circumstances, advise on whether a Constitutional right has been or is likely to be infringed and to advocate strongly on our clients’ behalf to enforce all relevant fundamental rights and freedoms. This involves:

  • Carefully and promptly evaluating the circumstances;
  • Researching liability and remedies;
  • Providing Clear and Detailed Advice;
  • Urgently drafting a letter of claim seeking redress;
  • Negotiating Settlements; and
  • Conducting Court Proceedings, if necessary.

DEFAMATION

A man’s reputation is one of his most valuable assets. Where that reputation is tarnished by untrue and degrading words which are said or written to others it can seem as if there is no way to recover what you have lost. Fortunately, the law of defamation provides broad remedies to address just this problem. Not only is compensation available, but there is even provision for the publication of an apology and a correction to the statement complained of as well as a requirement to directly communicate the wrongdoing to those who would have heard or received the original statement. Of course, the sooner action is taken, the greater the likelihood that the reputation will be better protected. Therefore, at KCT Chambers, our role is to provide our clients which prompt and decisive action in this regard by:

  • Advising on Rights and Remedies;
  • Urgently drafting a letter of claim requesting all available remedies;
  • Negotiating the terms of the apology to be published;
  • Researching and Claiming Compensation;
  • Negotiating Settlements;
  • Conducting Court Proceedings, if necessary.