Litigation

Contact us at litigation@mooredaisley.com if you have been sued, or if you wish to institute proceedings against someone.

We can answer your questions as to whether you have a legal claim or cause of action against someone who may be infringing your rights, and alternatively what your prospects of success may be in the event that a claim is being made against you.

We can prepare pre-action litigation letters or responses on your behalf, and should the need arise, prepare claim forms for the Supreme Court or Plaints for the Magistrate’s Court on your behalf.

We can advise on your rights in terms of settlement and/or dispute resolution.

If you have been sued, and you have received legal documents, you will be required to respond formally within 14 days of the date of receipt. You must inform us within the 14 day period and tell us the exact date and time you received the court documents if you wish us to give you the best assistance.

Litigation: Commercial

Urgent Injunctions

It may be necessary to engage an Attorney-at-Law to act on behalf of a client to effect a Search Order or apply for a Freezing Injunction where there is a potential threat or injury likely to be suffered by that person. Moore Daisley Attorneys have experience in Injunctions of these nature and can advise on the advantages and disadvantages to the courses of action. Where injunctions are necessary, the Attorneys-at-Law are prepared to immediately apply for an urgent hearing to insure minimal disruption to the client’s business.

Litigation: Constitutional Claims

We are passionate about the protection of fundamental Constitutional rights and insisting on fairness with respect to the treatment from judicial bodies. We believe that the right of action against the police for mistreatment should be insisted upon so as to provide a fair and just criminal justice system for all. Challenging the police without the right assistance can be not only daunting but also extremely difficult. Firstly, there is the psychological challenge of taking on a powerful public body that is widely respected in society. Not all Attorneys are up to that task and some will hesitate to get involved.Secondly, this is a niche area of law requiring specialist knowledge. If you’ve been the victim of wrongful arrest or assault by the police, or if you believe your civil liberties have been infringed, we can help you complain and seek compensation. We understand that police misconduct can affect anyone from all walks of life, including:

  • Political activists
  • Business people
  • Journalists
  • Individuals who are simply in the wrong place at the wrong time

Human Rights

A strong commitment to civil liberties and human rights underpins all our work. Moore Daisley’s Human Rights Attorneys are skilled in protecting the rights of individuals, bringing actions aimed at redressing human rights violations and helping make public and state bodies more accountable. Human rights cases can be very complex, making them difficult to bring without the right expertise. The idea of taking on public bodies, such as the police or the Attorney General can be intimidating and overwhelming. That’s why expert legal help is so important. Moore Daisley Attorneys are specialists in human rights law with extensive experience in this field of work. We have successfully brought cases against a variety of public bodies that other Attorneys have lacked the confidence to challenge. Our goal is to protect your rights and we will give you the legal advice and support you need throughout the process.

We can help with:

  • Actions against the police
  • School Expulsion and School Bullying
  • Prisoners’ rights
  • Immigration detention cases
  • Discrimination cases
  • False imprisonment

What should I do now?

If you feel your human rights have been breached, we can provide you with quality legal advice to achieve the best possible outcome. For initial advice or to arrange a meeting with one of our Attorneys please contact us by email at litigation@mooredaisley.com or call at 246 629 1010.

Coroners’ Inquest

Losing a loved one is one of the most traumatic events anyone can experience. Deaths in custody or following contact with the police leave family members feeling particularly bewildered, angry, helpless and overwhelmed. Our Attorneys will guide you through this difficult time, ensuring your voice is heard and providing you with clear, reliable legal advice and representation. No family should have to bear the loss of a loved one whose safety has been entrusted to the State. A coroner’s inquest will investigate any such death, and it is often only through effective legal representation that a bereaved family can properly participate and understand how and why their loved one died. Legal representation for family members can also help to ensure lessons are learned to prevent future deaths in similar circumstances, and to hold the authorities to account. Our Moore Daisley Attorneys will be happy to advise you about the inquest procedure and to challenge coroners’ decisions in the High Court.

We have over 25 years of extensive experience of dealing with this area of law at many levels, for a diverse range of clients. We appreciate the importance of family law matters to our clients, especially in situations of divorce or break up and where financial or property disputes are involved. These are circumstances that can cause high levels of uncertainty and anxiety. We never lose sight of how stressful family matters can be and we adopt a sympathetic and client focused approach throughout, paying particular attention to the goals or objectives of our clients.

Domestic violence or abuse cuts across all society irrespective of income, gender, colour or sexual orientation. The effects can be complex and harrowing; it is more than just an unhealthy or bad relationship. Verbal abuse, physical assault, emotional manipulation, and financial control are just some of the issues defined as domestic violence.

Concerned for your safety? If you are experiencing domestic violence or you are concerned for your safety, or the safety of your children, or a friend or family member who may be experiencing violence. Moore Daisley’s Family Attorneys can take fast and effective legal steps to protect you. Whether you live with a violent partner, or you are experiencing threatening or abusive behaviour from an ex-partner, or you are aware of a family member who may be suffering from abuse the law is there to help you. At Moore Daisley our Attorneys are experienced in working with clients who are suffering, or who are at risk, of suffering domestic violence. It may be that you urgently need an injunction to stop someone threatening or hurting you, or have someone leave the property you live in. It may be that you need to stop someone coming to your home. In some cases you may be worried that the person you seek protection from will find out that you are getting legal advice. Our Family and domestic violence Attorneys understand how important it is to keep you safe and will work with you sensitively and confidentially to help protect you. Important things to consider If you are in immediate danger then you should contact the police immediately for urgent assistance. We recommend you call the emergency line for the police, or alternatively the Family Conflict Intervention Unit at 246 228 0971. If you feel you need to leave the home for your own immediate protection it is important that you take any children with you, even if you do not believe they are at immediate risk themselves. If you can, you should also take a change of clothes, your identification card, passport, and any bank access cards you have. If you or your children have suffered any injuries as a result of domestic violence then we also recommend you take photographs and notify your General Practitioner as soon as possible. These are important first steps to be taken alongside seeking domestic violence legal advice from an Attorney at Moore Daisley with experience in this area of law. What should I do now? We understand that it can sometimes be hard to take the first step to change your situation. If you are the victim of domestic violence, Moore Daisley’s Family and domestic violence Attorneys can provide you with quality legal advice and the confidence to achieve the best possible outcome.

Litigation: Criminal

Station and Prison Visits, and Bail applications.

Following arrest or detention at a Police Station immediate contact should be made to an Attorney at Moore Daisley specialising in criminal law to obtain urgent advice and representation. You have a right to speak with an Attorney-at-Law, and you can contact Moore Daisley at 246 826 6325 or 246 629 1010. Where a person has been charged with a criminal offence they will be required to apply for bail in most circumstances. We can provide advice to potential Sureties on what is needed to satisfy the court that the accused person should not be remanded, or where bail has been refused, apply to the Supreme Court for an order for Bail. If a bail application is unsuccessful and the accused is remanded to prison, an Attorney from Moore Daisley can attend the prison to obtain instructions and to advise upon the law and procedure. For further information contact us at crime@mooredaisley.com

Private Prosecutions

Most often, criminal matters are prosecuted by the State however there are circumstances where individuals may institute criminal proceedings against another person by way of private prosecution. We can assist by preparing the necessary documents for filing a private prosecution.

Arrest and Prosecution

We can provide answers to your questions on the criminal process, advise on aspects of the legal system, and depending on the nature of the matter, attend court with you and represent your interests throughout the criminal process.

Litigation: Debt Collection

We can assist you in bringing a debt action against someone who owes you money or defend you where someone is alleging you owe them money.

Business Debt Recovery
Our specialist Attorneys provide a business debt recovery service that is simple, effective and fast. We have specifically developed our commercial debt recovery service to deal with invoice debts, which means that, when payment problems arise for your business, our debt recovery Attorneys can focus on recovering your debts on a low cost, fixed fee basis. Our commercial debt recovery Attorneys guarantee to send a same-day letter before action if your debt recovery instructions are sent to us before 2pm on a working day (subject to payment).

At Moore Daisley we accept credit card payments for your added convenience. Our business debt recovery system operates on undisputed invoice debts, so our fixed fee service may not apply to other types of commercial debt recovery, and does not include general advice on business debt recovery, or advice on your prospects of recovering your outstanding debts. If you need a commercial debt recovery service to help your business recover multiple debts, our debt collection Attorneys can offer a fixed fee consultation. For volume business debt recovery instructions, we have a secure online service that allows you to monitor and report on any debt at your convenience.

There are four stages to commercial debt recovery:

  • Letter before claim
  • Issue legal proceedings
  • Judgment/enforcement
  • Bankruptcy/winding up

Letter Before Claim

A letter before claim demands payment from the debtor within 14 days, failing which Court action will be commenced. Our debt recovery statistics show that in 70% of cases where a letter before claim is issued, Court proceedings have been avoided. On instructing our specialist debt recovery Attorneys to send the letter before claim and upon payment to us, we will:

  • Check that your debtor is still active on the Corporate Affairs Register (if your debtor is a Limited Company)
  • Calculate any contractual interest payable (arising from your terms and conditions) or statutory/late payment interest and/or compensation from the due date of each invoice.
  • Acknowledge your instructions by email to confirm that the letter before claim has been sent together with details of the amount demanded (interest and/or compensation).
  • Contact you by email after 14 days to check whether payment has been received. If not, we will provide you with details of how you can commence court action.

Our debt specialists have developed an online debt recovery instruction form so that you are able to instruct us instantaneously. For volume instructions we have a simple and quick instruction form designed to handle any volume of recoveries, please contact us by email at debt@mooredaisley.com or call 246 629 1010 for further details.

Our debt recovery Attorneys guarantee to send a letter before claim to the debtor on the same day of receipt of your instructions confirming payment has been received for this service if received before 2:00pm on a normal working day.

Issue Legal Proceedings
If payment is not made in full after a letter before claim is issued, on your instruction our debt recovery specialists will issue a claim at Court on your behalf, for a fixed fee. Our charges vary depending on the size of the debt involved.

The claim form will detail the debt due and will include a claim for interest and/or compensation, as well as Attorney’s fixed costs and the Court fee paid. Once the claim is issued at Court, the debtor has 14 days to respond by either acknowledging the debt (in which case a further 14 days is allowed, 28 days from issue in total) or by; admitting the debt and/or offering a rate of repayment; part admitting the debt and/or offering a rate of repayment or; to defend and/or lodge a counterclaim. If no response is received after 14 days you are entitled to request Judgment. Judgment & Enforcement On your instruction, a request for default Judgment is lodged at Court where a debtor has failed to respond to the claim issued against them at Court within the stipulated period. Judgment is entered by the Court for the total amount payable including all interest since the claim was issued, Attorney’s fixed costs and the court fee paid. The Judgment states that the amount is payable forthwith and provides the debtor with one month to pay in full, failing which it will appear on their credit record and consequently affect their credit rating.

Debt Resolution
If someone makes a debt claim against you Moore Daisley can advise you as to your options and whether you do or do not have a defence. Credit card, loan or overdraft debt If you have credit card, loan or overdraft debt and it is becoming unmanageable, you may want to arrange a low cost fixed fee consultation with us. We will consider your position and advise you of your legal rights and obligations as well as the practical options, strategies and methods you can employ to address, solve or lessen the problem and lower the risk of, damage to your credit score or possession or bankruptcy proceedings. Business debts If you are self-employed, business debts can cause serious financial damage, not only to your business itself but also to your personal finances – hampering your ability to pay your mortgage and provide for your family life, personal health and wellbeing. As with all legal problems, the key is to seek advice as soon as you are aware of the problem. In a business context, debt issues may be more complex than in a personal setting. Business debts may cause major and damaging issues such as downsizing, closing down and shedding staff. In such a context, legal advice can be extremely useful and its overall value much greater than the relatively modest legal fees you will pay. Forfeiture In business leases a landlord may be able to forfeit or terminate a lease because of failure of the tenant to pay rent or comply with some other covenant or obligation in the lease. The mere risk or threat of forfeiture should be taken very seriously since, having forfeited a lease, the landlord may proceed to seize and sell any of the tenant’s property in the forfeited premises to meet the unpaid rent. The need to seek legal advice at the earliest opportunity is paramount. This is by no means an exhaustive list of debt related matters we can assist you with. However, the list should at least indicate to you that we can assist with a wide range of debt matters. With debt, the most important thing you must do is seek expert advice at the earliest possible opportunity.

Court Procedure For Debt Recovery
For debt claims up to $10,000.00 (Barbados Dollars) the matter should be commenced by either a Default or Ordinary summons in the Magistrate Court.

Default Summons:
The Default Summons must be served within 12 months of the date of filing;
Upon service, the debtor has 6 days from the date of personal service of the summons to defend or enter an appearance;
The Client must attend Court unless otherwise stated; and
In the event that the Marshall of the court is unable to serve the debtor, Moore Daisley can if instructed, apply to the Court for permission to personally serve the debtor.

Ordinary Summons:
The Ordinary Summons must be served within 3 months of the date of filing;
The client must attend Court unless otherwise stated; and
In the event that the Marshall of the court is unable to serve the debtor, Moore Daisley can if instructed, apply to the Court for permission to personally serve the debtor.
For debt claims over $10,000.00 (Barbados Dollars) the matter should be commenced in the Supreme Court of Barbados.Claim

Form and Statement of Claim:
The Claim Form and Statement of Claim will be prepared by Moore Daisley Debt Attorneys for approval and execution by the client.
The Claim Form and Statement of Claim must be signed by the client
The documents must be personally served within 12 months of the date of filing; and
The client must attend case management and/or before the Registrar. Defence or Application to pay by Instalments A Defendant has 14 days to acknowledge service of the claim form. In the event that no acknowledgment is received within the time stipulated to acknowledge, a request for default judgment for default of filing an acknowledgement of service will be prepared by Moore Daisley for filing at the Registry. Upon Judgment being entered, the client will be notified and instructions sought from them by Moore Daisley on the form of execution of judgment to be utilised.
In the event that the Defendant has acknowledged service of the claim form, the Defendant has 28 days from the date of service of the claim form, to file a defence or application to pay by instalments.
In the event that no defence is received within the time stipulated, a request for default judgment for default of filing a defence will be prepared by Moore Daisley for filing at the Registry. In the event that a Defence is filed the matter will proceed to trial.

Litigation: Defamation

Everyone has a right of free speech as long as it does not infringe the right of another person. If you have been the victim of a defamatory statement which has been published to at least one person, in writing or orally, you are entitled to damages for the injury suffered to your reputation.

At Moore Daisley, we can advise on whether the statement published is in fact defamatory, and if it is defamatory, the amount of damages you are likely to recover should you successfully complete your claim against the person who defamed you.

We will issue a Pre Action Protocol letter demanding that the statement be retracted, that you obtain an apology, and that you are compensated for the injury sustained to your reputation.

Litigation: Employment

Employment is an important area of law providing employees with rights across a wide area of their work activities. The reverse is that employers are fixed with extensive duties and obligations as well as benefiting from various rights. Whether you are an employer or an employee, we can assist you with all the common areas of employment law and practice.

We assist both employers and employees with a comprehensive range of less commonly seen, but no less important, work place situations which may give rise to issues, disputes or employment tribunal proceedings including Breach of Contract, Wrongful, Constructive and Unfair Dismissal applications, Contracts and Terms and Condition Review Applications before the Severance and Employment Rights Tribunals, Employer’s Liability Claims and Claims under the Safety and Health at Work Act

Individuals appoint us at all stages of their ’employment life’.

You may simply be looking for a clearer understanding of the law relating to a work situation – if there is a lack of transparency in your workplace it can be reassuring to know how the land lies. On occasion a dispute will arise while you are still in work, or you may have to raise a challenge to do with the termination of your contract. Moore Daisley’s clear and logical legal thinking helps to secure the most satisfactory solutions for our clients.

Matters we advise on include but are not limited to:

  • starting a new job
  • contracts
  • workplace rights
  • disputes
  • termination of employment

The occasion may arise where you need legal advice from Moore Daisley about your employment situation. If you have been offered a new job, but you are unsure about the employment contract that the employer requires you to sign, then taking advice from an employment Attorney can help clarify the terms you need to negotiate. In the workplace a variety of employment issues present themselves. You may be experiencing difficulties with colleagues and would value assistance or a dispute may have arisen around allegations of performance or conduct. Speaking to an employment Attorney at Moore Daisley will identify the relevant legal issues. The work environment is necessarily dynamic, and economic or commercial needs may dictate that employment change is necessary. If you are subject to a reorganisation or redundancy programme, advice from an employment Attorneymay be invaluable.

Why choose Moore Daisley for Employment Matters?

We don’t pretend that employment law is easy, because it isn’t, but it shouldn’t be difficult to get the basics right. We want to help businesses understand key employment rights and ensure that when they make a decision about their workforce, they do so legally.

Some of the biggest challenges in business relate to employee matters. A business can be destroyed by inadequate contractual protection. We have seen successful enterprises damaged, sometimes fatally, by former employees who steal clients, take confidential information, disrupt commercial arrangements and poach staff when they leave. As a new start-up or an expanding enterprise we can advise about your need for workers, employees and consultants and draft the relevant contracts and policies. Checking with an employment Attorney at an early stage will ensure you start out on the right footing. Disputes must be dealt with swiftly and fairly. A grievance presented by an employee should be heard impartially. If you need to discipline for poor performance or misconduct we will ensure you comply with current legal requirements to avoid costs and damage to your reputation. As employment law Attorneys we are well versed in the legal process. The economy could give rise to a change in trading conditions. Your business may take off, or alternatively you may need to consolidate. Our employment Attorneys will take you step by step through the reorganisation or redundancy process. We will take your instructionsto understand the facts underpinning the issue. We will then explain the law that is relevant to your situation and present the options available to you. With specialist experience in a wide range of employment law matters, we offer immediate assistance at competitive rates. Contact Moore Daisley by email at employment@mooredaisley.com to schedule an informal discussion.

Setting up in business

Setting up in business is exhilarating but it can also be an extremely busy and stressful time. We understand the time pressures and burdensome schedules that new organisations have to cope with during start up. We can help you with the following:

  • non-disclosure agreements
  • contracts with suppliers and customers
  • conducting fair interview and selection to avoid discrimination
  • directors’ service agreements
  • employment contracts and freelance agreements
  • confidentiality and restrictive covenants
  • staff handbooks, policies and procedures

In the Workplace

In the workplace a variety of issues present themselves, from setting up new business ventures, to attending to regulatory requirements and dealing with staff. These are some of the issues we can help you with:

  • new collaborations with suppliers and customers
  • appointment of key staff
  • reviewing employment contracts and policy documents
  • transfer of service
  • data protection
  • disciplining staff
  • hearing staff grievances
  • family friendly rights (maternity, flexible working, dependency leave)

Litigation: Family

The breakdown of relationships can often be a harrowing and emotional experience. The Attorneys-at-Law of Moore Daisley are equipped to assist you throughout this time and will ensure each party is provided with competent, timely legal advice. Family law issues or situations we can deal with on your behalf include:

  • Divorce
  • Maintenance
  • Property Settlement
  • Adoption
  • Child Support
  • Child Protection
  • Domestic Violence
  • Guardianship
  • Child access and residence
  • Cohabitation
  • Financial Disputes on Divorce
  • Prenuptial Agreements
  • Abuse including neglect or violence against children
  • Financial relief
  • Lump sums
  • Separation
  • Wills
  • Probate disputes
  • Power of attorney

Contact us at family@mooredaisley.com or call 246 629 1010 to set up a consultation if you need advice on your family matter or claim.

We have over 25 years of extensive experience of dealing with this area of law at many levels, for a diverse range of clients. We appreciate the importance of family law matters to our clients, especially in situations of divorce or break up and where financial or property disputes are involved. These are circumstances that can cause high levels of uncertainty and anxiety. We never lose sight of how stressful family matters can be and we adopt a sympathetic and client focused approach throughout, paying particular attention to the goals or objectives of our clients. Domestic violence or abuse cuts across all society irrespective of income, gender, colour or sexual orientation. The effects can be complex and harrowing; it is more than just an unhealthy or bad relationship. Verbal abuse, physical assault, emotional manipulation, and financial control are just some of the issues defined as domestic violence. Concerned for your safety? If you are experiencing domestic violence or you are concerned for your safety, or the safety of your children, or a friend or family member who may be experiencing violence. Moore Daisley’s Family Attorneys can take fast and effective legal steps to protect you. Whether you live with a violent partner, or you are experiencing threatening or abusive behaviour from an ex-partner, or you are aware of a family member who may be suffering from abuse the law is there to help you. At Moore Daisley our Attorneys are experienced in working with clients who are suffering, or who are at risk, of suffering domestic violence. It may be that you urgently need an injunction to stop someone threatening or hurting you, or have someone leave the property you live in. It may be that you need to stop someone coming to your home. In some cases you may be worried that the person you seek protection from will find out that you are getting legal advice. Our Family and domestic violence Attorneys understand how important it is to keep you safe and will work with you sensitively and confidentially to help protect you. Important things to consider If you are in immediate danger then you should contact the police immediately for urgent assistance. We recommend you call the emergency line for the police, or alternatively the Family Conflict Intervention Unit at 246 228 0971. If you feel you need to leave the home for your own immediate protection it is important that you take any children with you, even if you do not believe they are at immediate risk themselves. If you can, you should also take a change of clothes, your identification card, passport, and any bank access cards you have. If you or your children have suffered any injuries as a result of domestic violence then we also recommend you take photographs and notify your General Practitioner as soon as possible. These are important first steps to be taken alongside seeking domestic violence legal advice from an Attorney at Moore Daisley with experience in this area of law. What should I do now? We understand that it can sometimes be hard to take the first step to change your situation. If you are the victim of domestic violence, Moore Daisley’s Family and domestic violence Attorneys can provide you with quality legal advice and the confidence to achieve the best possible outcome.

Litigation: Personal Injury

We deal with the full range of personal injury claims, including road traffic accident claims; medical negligence; work place accident; tripping and slipping and falls; industrial diseases or injuries and whiplash injury claims

Contact us by email at personalinjury@mooredaisley.com to set up a consultation.

Our Attorneys can help you to claim compensation for road traffic injuries if the accident was caused by the fault of another motorist, person or party. You can claim compensation if you were injured as a driver, a passenger, a pedestrian or if you were riding a motorbike, a bicycle, a jet ski or a horse at the time of the accident. You can claim compensation if you were injured whilst travelling on public transport, i.e. a bus or a plane, a boat, a ship, a taxi or private car or whilst travelling overseas. In many road traffic accident cases where the injuries are not severe, our Road Traffic Accident Attorneys can fast track claims ensuring compensation is expedited. Road traffic accident claims involving severe and life threatening injuries are dealt with by our specialist Serious Injury AttorneysIn these cases interim payments of compensation can often be arranged but only after the other side has accepted liability for the accident. Whether you suffered a simple whiplash or a more serious road traffic accident injury, Moore Daisley can help. Call us at 246 629 1010 for a consultation. Uninsured Motorist Road Traffic Accident Claims If your road traffic accident injuries were caused by the negligent driving of an uninsured motorist, you might still be able to pursue a claim if the uninsured motorist owns property or has assets. Have you suffered a whiplash injury in a road traffic accident through no fault of your own? You may be able to claim compensation. Our expert Personal Injury Attorneys have helped hundreds of people claim compensation for whiplash injuries sustained in road traffic accidents. What is Whiplash? Whiplash is a non-medical term used to describe soft tissue injuries in and around the neck, shoulders and spine. Whiplash injuries are caused when the head suddenly snaps backwards, forwards or sideways and often happen after a sudden impact such as a road traffic accident. What are the Symptoms of a Whiplash Injury? Whiplash symptoms can include pain and stiffness in the neck, shoulders and sometimes down the arms. Some people also suffer headaches and find that turning or bending the neck can be difficult. Less common symptoms can include dizziness, blurred vision, nausea, muscle spasms and pain in the lower back. It can take around 6 – 12 hours for whiplash symptoms to develop. How Long Does a Whiplash Injury Last? Although whiplash symptoms can resolve themselves after a few days, some whiplash injuries can take several weeks or months to heal with neck pain and stiffness getting worse in the days immediately following the accident. Some people can suffer from chronic whiplash, which is when their whiplash symptoms last for six months or more. Can I Claim Whiplash Compensation? You can claim compensation for whiplash as long as you have been injured through no fault of your own and can obtain medical evidence to prove your injury. Our Whiplash Injury Attorneys can advise you upon whether you have a case based on your own individual circumstances. How long does the Whiplash Compensation Claim Process Take? This depends on the circumstances of your case as each whiplash claim is different. A consultation with a Moore Daisley Attorney is the best starting point to get an idea of how long your claim is likely to take. How Much Whiplash Compensation Can I Get? The average payout for whiplash compensation varies from claim to claim. It’s hard to give an average whiplash payout amount as each case is unique. The amount of compensation you will receive depends on the specific nature of your whiplash injury and the effect it has had on your daily life. We will ensure you achieve the maximum compensation available to you. We recommend you arrange a consultation with a Moore Daisley whiplash Attorney who will be able to give you an idea of how much compensation you are likely to receive. How Can Moore Daisley Help With Your Whiplash Compensation Claim? Our Whiplash Attorneys have had over 25 years of experience helping hundreds of people claim compensation for both minor and major whiplash injuries with compensation ranging from about $5,000 to over $2 million. We have years of experience in dealing with whiplash claims and can guide you through each stage of the process. When people need medical advice or treatment, they place a huge amount of trust in doctors and other medical staff. However, medical professionals can make mistakes, with serious consequences. If you have suffered as a result of poor medical care, it can be difficult to know where to turn. Moore Daisley has experienced and specialist medical negligence Attorneys who know the type of challenges you face. Give us a call on 246 629 1010 to discuss your claim. Our experienced team have managed numerous complex claims of people in similar situations and can give you the support and legal advice that you need. Accident & Emergency Department When we visit the Accident and Emergency Department, it is because we need urgent medical help. In most cases, the staff in the Accident and Emergency Department offer an excellent service that saves lives and helps people to get back on their feet as quickly as possible, or makes them well enough to go on to receive further treatment elsewhere. However, sometimes, things do go wrong. Doctors and other medical staff can and do make mistakes, sometimes with serious consequences for the health of those in their care. The Accident and Emergency Department is busy and doctors and nurses are under ever-increasing pressure, with limited resources and the need to keep waiting times down, however, that does not mean that you should not expect a high standard of care. If you don’t receive that standard of care, and you suffer an illness or injury as a result, you can claim compensation for medical negligence. We can support you in making a complaint about your treatment, as well as take your claim for compensation through the courts if necessary. Moore Daisley treats all clients with the utmost respect and sensitivity when discussing possible claims for compensation. We will explain everything to you in clear and simple terms. Our specialist Attorneys will take a real interest in finding out exactly what happened to you and why. If we can prove that your suffering has been caused by medical negligence, we will work to help you recover the compensation you are entitled to. If the mistakes made in Accident and Emergency mean you need further urgent medical treatment, in certain circumstances we can try to get you an early payment of some of your compensation so that you can access the best private medical treatment. Early payments could also help you pay your bills if you have been left unable to work. If you or a loved one has suffered as a result of mistakes made in the Accident and Emergency Department, contact Moore Daisley on 246 629 1010 for advice. You can claim compensation for a work accident injury whether you were working as a full time or part time employee, a temporary worker, a self-em ployed contractor or if you were just visiting a business at the time of the accident. Employers should have valid Employers Liability insurance cover to protect people from workplace accidents. In most work place accident claims the compensation is paid by the Employers’ Liability insurance company, and not the employer. How to Claim Work Place Accident Compensation First we need to know some important details about your accident at work, such as where and how the accident happened; and about your personal injuries. If you received any medical treatment or there were any witnesses to the accident, particularly work colleagues, we’ll ask for these details along with copies of any photographs or videos that were taken relating to the accident. An Attorney from Moore Daisley specialising in work place accident claims will review your case based on the details you provide and can assess how successful your claim is likely to be. If you require medical treatments and/or rehabilitation support after a work place accident it is vital to contact us immediately so that we can assist with your rehabilitation as soon as possible. Employers have a duty of care to protect people from work place accidents and illnesses. If you or a loved one has suffered injury due to an accident at work, call us for a consultation and we’ll be happy to help you. Moore Daisley has specialist Attorneys dealing with industrial work accidents, industrial diseases, Health and Safety related work accidents, and work related health conditions such as sick building syndrome. Building & Construction Site Accident Compensation Claims Have you suffered an injury on a building site or been injured whilst working in construction? Anyone that works in construction knows that building sites are one of the most dangerous places to work; and that accidents do happen. In fact, several construction workers are injured on building sites in Barbados every year. The first step in claiming compensation for a building or construction site accident is to contact Moore Daisley and provide the details of what happened, where the accident took place; and details about your personal injuries. Our specialist Personal Injury Attorneys will evaluate your claim on its merits with the information you provide, and determine how successful your injury claim is likely to be. All of our Work Accident Attorneys are committed to getting you the compensation and rehabilitative support that you need. Common Construction & Building Site Accidents Many construction workers are injured as a result of (but not limited to) the following:

  • defective scaffolding
  • falls from ladders
  • safety harnesses failure
  • holes not fenced off or supported
  • roofs not fenced off
  • hit by forklift/dumper truck
  • chemical spillage
  • tool malfunctions
  • poor layout of site
  • insufficient or no safety briefings and Training
  • inadequate safety equipment

Health & Safety at Work Claims Our Personal Injury Attorneys offer a consultation for people injured in accidents at work. If you were injured due to an employer breaching Health & Safety Regulations, call us at 246 629 1010. The Attorneys-at-Law of Moore Daisley have successfully represented many people whose injuries at work were caused by their employer contravening Health & Safety regulations; by providing sub-standard machinery and equipment or insufficient training. A Health & Safety claim must be made within three years of the accident so it is worth speaking to an Attorney at Moore Daisley soon after you have received your injuries to ensure you are in time and the details of your accident are still fresh in your mind. If you want to claim compensation for a Health & Safety related accident at work, there are several steps we suggest you take after your accident. Take a look at the checklist below:

Health & Safety at Work Claim Checklist

  • Make sure your injury is recorded in the ‘accident book’ at work and, if appropriate, report it to the Barbados Labour Office.
  • Speak to your Union Representative if you have one or contact Moore Daisley on 246 629 1010 directly.
  • Speak to your Health & Safety Representative about the matter so steps can be put in place to make sure the same type of accident does not happen to anyone else.
  • Check your employment contract so you are aware of what sickness or accident pay you may be entitled to whilst you are unable to work.

Health & Safety Claims – Employers Liability

There are a number of areas that an employers’ Health & Safety policy must cover – these include equipment, training and supervision. Health & Safety Claims – Public Liability Public Liability is where a company has a duty of care to all visitors to their premises (including members of the public or employees from visiting companies) to ensure they are not at risk of injury whilst visiting them. If you have had an accident and suffered an injury whilst on company premises you might have a personal injury claim, if it can be proved that there were insufficient health and safety provisions made. How to Claim Work Accident Compensation First we need to know some important details about your accident at work, such as where and how the accident happened; and about your personal injuries. If you received any medical treatment or there were any witnesses to the accident, particularly work colleagues, we’ll ask for these details along with any photos that were taken relating to the accident. An Attorney at Moore Daisley specialising in accident at work claims will review your case based on the details you provide and can assess how successful your work accident claim is likely to be. If you require medical treatments and/or rehabilitation support after a work accident it’s vital to contact us immediately so we can assist with your rehabilitation as soon as possible. The most common causes of slip, trip or fall accidents are spillages which leave the floor slippery, badly maintained roads or paths which cause raised sections of ground or potholes. Trips, slips and falls at work are also a frequent occurrence when walkways are obstructed or carpets or rugs are not fitted properly. If you suffer a slip, trip or fall due to someone else’s negligence, then you may be entitled to make a personal injury compensation claim. In what circumstances can I claim compensation after a Slip, Trip or Fall? If you slip on a pool of water inside a building open to the public such as a bank, supermarket or restaurant and injure yourself, then a personal injury compensation claim could be made against the occupier (owner). If your accident happened on Government owned property such as the Bus Terminal or a sidewalk or highway then you may be able to make a personal injury compensation claim against the Government where the accident was due to their negligence. For example, you may be able to make a personal injury compensation claim if you tripped and injured yourself on a badly maintained sidewalk; however, you would not be able to make a personal injury compensation claim against the Government if you tripped on an item left lying around by a member of the public unless you could show that the Government was in some way at fault. If your accident was on private property such as in a house or on a piece of land privately owned by an individual, you would be able to make a personal injury compensation claim providing the accident was the fault of the land owner or occupier and they had suitable insurance in force or the means to pay you personally. If you tripped on a cable trailing along the floor in your office at work and injured yourself, you can make make a personal injury compensation claim against your employer. Call Moore Daisley on 246 629 1010 to discuss your claim. What should I do if I have had a Slip, Trip or Fall? To make a successful personal injury compensation claim after a slip, trip or fall, you would need to prove that another person was responsible for your personal injury (i.e. the owner of the property where your accident happened or some other person who was at fault). To help your case, you should report the slip, trip or fall accident to the staff or owner at the time, and ask for a note of your accident to be made in the accident report book, take names and addresses of any witnesses to the accident and if possible take photographs of the area where the accident happened. In cases involving badly maintained sidewalks, it would be advisable to put a ruler beside the defect before you take the photograph to give an idea of depth/height. If you are intending to claim expenses such as prescription costs and travelling expenses etc. as part of your slip, trip or fall compensation claim, remember to keep the receipts of all expenses incurred as evidence. How to start a Trip, Slip or Fall Compensation Claim There are strict time limits in place to make any injury claim including claims for slips, trips and falls. If you or someone you know has suffered a personal injury as a result of a slip, trip or fall, contact us on 246 629 1010 or personalinjury@mooredaisley.com Moore Daisley Attorneys are experienced in all personal injury matters and will be able to advise you whether or not you have a valid claim for compensation. Our specialist personal injury Attorneys will be happy to walk you through the process of making a claim, and will answer any questions or queries you have. Telephone us now on 246 629 1010. Time limit for bringing Personal Injury claims Normally a claim has to be brought within 3 years of the injury, but with children, the 3 years only starts to run when they reach 18. Different time limits apply in respect of accidents involving children and the Government. Even if the injury occurred more than 3 years ago, you may still be able to claim. It is always worth seeking legal advice no matter what the circumstances of your injury. What we will do for you We start by taking your instructions and advising you generally. Then we prepare a detailed statement on your behalf which you sign to verify its accuracy. A letter of claim is then sent to your opponent, or their insurers, in an attempt to determine liability. In preparing your case we will obtain medical and other reports as required, investigate the merits of your case and assess what it is likely to be worth. If your case cannot be settled amicably with your opponent, we will issue court proceeding on your behalf. Your case will then progress to trial. Settlement may be possible at any stage prior to the trial. How long will my case take? This depends on your injuries, their seriousness and the receipt of medical and other reports. Generally speaking, more serious cases take longer to conclude however, we work hard in every situation to ensure that cases are concluded as soon as possible (subject to circumstances outside our control). We aim to conclude the vast majority of personal injury cases within 12 to 24 months.

Estate Planning

Preparing a will and careful estate planning are an important aspect of planning for the future and providing for your loved ones.

Estate Planning: Advantages of Making A Will

Making a Will can have a number of practical advantages for you/your beneficiaries and will give you peace of mind. By having a Will you can be confident that your wishes are arranged exactly as you planned them, and your loved ones will have no unexpected surprises later on. Also having a Will can speed up the process in obtaining a grant of representation on your death, as well as minimising doubts and disputes. You can use a Will to determine your burial wishes and to make legacies to charities and non-family members who would not benefit if you died intestate.

Estate Planning: Contested probate cases

It is not unusual for Wills and probate matters to be contested. We deal with contested probate claims and cases.

Estate Planning: Executors and Administrators

Where a person leaves a Will, the person responsible for getting in and administering their estate is called an “Executor”. Where no Will is left, that person is referred to as an “Administrator”. Two Executors are normally appointed in a Will. Where there is no Will, the Rules of Intestacy, determine who is appointed as Administrator. Sometimes it is necessary to appoint two Administrators.

Estate Planning: Experience

With over 25 years experience in dealing with probate matters for both small and large estates, Moore Daisley will guide you carefully through the process, which sometimes can be drawn out and complex due to the nature of the estate, and the number of issues affecting it such as tracing beneficiaries and identifying foreign property.

Estate Planning: Grant of Probate (Letters Testamentary) and Grant of Letters of Administration

Where a person dies leaving a property, it will usually be necessary for the Executors or Administrators to obtain a Grant of Probate (where there is a Will) or a Grant of Letters of Administration (where there is no Will) to be able to sell or otherwise dispose of that property, to distribute the legacies payable, and to deal with the estate generally.

Estate Planning: Intestacy

One of the main reasons for you making a Will is to ensure that your estate is not distributed according to the Rules of Intestacy. The Rules of Intestacy apply where you do not make a Will or you make an invalid Will. If you die without making a Will and are not succeeded by a close relative, your estate will devolve to the Government.

Estate Planning: Rules of Intestacy

The intestacy rules which are governed by the Succession Act Cap 249 of the Laws of Barbados are complex and you should always seek expert legal advice when interpreting them. A section of the rules, set out below, give an indication of what can happen if a Will is not made. Assume the deceased dies and leaves a spouse and one child, The Intestacy Rules provide that the spouse shall take two-thirds of the estate and the remainder shall go to the child; And if the deceased leaves a spouse and children, the Intestacy Rules provide the spouse shall take one-third of the estate and the remainder shall be distributed among the children in equal shares. One effect of the Intestacy Rules above – two thirds to the spouse – may not have been the wish of the deceased. They may have wanted most or even all of the estate to have gone to their children. There are many other unwanted consequences which can follow where the Intestacy Rules apply.

Estate Planning: What should I do now?

If you are in any doubt as to whether or not you should make a Will, let our Attorneys guide you through the Will making process. Each person or family has very different needs, so tailored advice is essential to achieve the best outcome possible. For initial advice or to arrange a meeting with one of our Attorneys please contact us on 246 629 1010 or at wills@mooredaisley.com

In simple terms, “probate” is the identification, administration and distribution of a person’s estate after death. The executors or administrators will be responsible for these duties and they will normally need to engage an Attorney to assist them with the legal requirements.

Estate Planning: Wills are widely relevant

It is a myth to think that Wills are only relevant to rich people or people who own property. For instance, if you are a single parent, you may wish to make a Will to appoint a guardian who will look after your child or children in the event of your death. We prepare Wills of many kinds, simple Wills for persons with modest estates as well as more complex Wills for persons with large estates. We can prepare matching or mirror Wills for married couples or partners. If you are overseas and need assistance with a Will contact Moore Daisley at 246 629 1010 or Wills@mooredaisley.com.

If you do not have any surviving close relatives you may want to make a Will to ensure that your estate does not go to the Government under the Rules of Intestacy but instead is distributed to a charity, friend or person of your choice.

Corporate and Commercial

Moore Daisley provides a range of commercial legal services to business and commercial clients. We offer the benefit of affordable and flexible charging. We deal with a range of business vehicles including companies, limited liability partnerships, sole traders, franchises, concessions, partnerships, joint ventures and clubs. We provide both contentious and non contentious services. We can advise and assist a range of business players including: directors, shareholders, secretaries, managers, consultants, CEOs, supervisors, employers, employees, shareholding minorities, partners, equity partners, advisers, agents, solicitors, funders, creditors, debtors and accountants. We specialise in business brain storming and problem solving. Where necessary we can refer you to specialists or experts to achieve specific objectives or to solve unusual, difficult or intractable challenges, problems or issues. Commercial situations we can deal with include: debt, insolvency, disputes, mediation, litigation, buy out, buy in, up sizing, down-sizing, re-structuring, reorganising, start up, closing down, debt management and debt proceedings.

Moore Daisley – Commercial Legal Services for Businesses

Our commercial lawyers provide a seamless service for business clients representing them in the full range of their commercial interests including property, corporate and dispute resolution as well as advise on tax matters. Clients choose Moore Daisley due to our commercial, accessible and personable approach, combined with our successful track record.

Immigration

There are several pieces of legislation which provide for citizen, resident, immigrant and work permit applications of individuals provided they have satisfied the requisite criteria. While these applications can be made personally, we can provide assistance in following up on these applications on your behalf, to streamline the process for you. Contact us by email at immigration@mooredaisley.com or call 246 629 1010.

In the event that you have been unreasonably refused an application for citizenship, immigrant status or a work permit, we are equipped to challenge the decision on your behalf, to ensure that your rights have not been infringed.

Property

At some point in your life you may make the decision to buy, rent or construct property. Our Attorneys are equipped to assist you whatever your project entails.

Property: Building Contract Disputes

It is advisable, before any engagement of a contractor is undertaken, that a written contract is concluded between the parties. This is to protect your interests should there be a breach of the agreement. In addition, should there be town planning disputes, Moore Daisley is equipped to assist and appeal the decision as it relates to breaches of building regulations and enforcement notices

Property: Conveyancing and Mortgages

We provide personal and commercial conveyancing services for the transfer of property from one person to another. We review the title, and will act on your behalf with respect to a client’s obligations under the obligation for a mortgage. We can also provide guidance on Bills of Sale, Pledges, and other forms of lending. If you are an overseas client please contact us on conveyancing@mooredaisley.com or call 246 629 1010.

Property: Landlord and Tenant and Leases

Moore Daisley will act on your behalf with respect to the grant, assignment, sub-letting of leases or premises. We can also draft or review lease agreements and provide advice on the surrender, variation, extension, renewal of leases or premises, forfeiture of lease or termination of licence