Pollonais, Blanc, de la Bastide & Jacelon

DISPUTE RESOLUTION

Transforming disputes into solutions, and litigation to resolutions

Personal Injury Claims

Personal injury claims arise when a person suffers injury and consequential losses due to acts of wrongdoing or negligence of another party. Our goal is to help our clients to navigate an increasingly litigious global society and obtain full and fair monetary compensation for losses incurred as a result of the injury or harm suffered and/or defend personal injuries claims brought against you.

 

Our extensive experience in many of the common types of personal injury cases include: 

 

  • Motor vehicle accidents: This involves injury to a person as a result of the negligent acts of drivers.  

 

  • Slip and fall incidents: This involves injury to a person as a result of inter alia hazardous conditions on someone’s property, such as wet floors, stairway slip and fall, uneven surfaces or insufficient lighting. 

 

  • Product Liability:  Such a claim can arise when a defective or dangerous product causes injury to a consumer.  

 

  • Workplace Injuries:  Such a claim can arise when a person sustains injury at the workplace due to inter alia improper lifting, unsafe working conditions, slips and falls.

Debt Collection

We understand that recovering outstanding debts owed to you can be time-consuming, difficult and frustrating. Our dedicated team of litigators can help pursue and recover outstanding debts smoothly and quickly. We employ
a wide range of methods to achieve early payment of the outstanding debt. However, if a resolution cannot be found, we engage in and manage litigation as pro-actively, efficiently and cost effectively as possible. Our strategy involves issuing demand letters and pre-action protocol letters which is often successful at prompting payment from the debtor and as a last resort, the institution of legal action and recovery of the outstanding debt by way of enforcement of judgments. 

Industrial Relations 

Industrial Relations deals with issues arising from the relationship between employers and the trade unions representing their employees. Our committed team of Attorneys have

a wealth of knowledge and experience in advising on employment and industrial relations issues as well as advocating before the Industrial Court and the Court of Appeal in disputes involving:

  • wages
  • unfair dismissal 
  • suspension of workers
  • discrimination
  • denial of contractual benefits  
  • poor working conditions 
  • terms and conditions of employment 
  • collective bargaining agreements
  • retrenchment and severance benefits
  • maternity protection

Contentious Probate

Losing a loved one is very difficult and disputes over the validity of a Will, the process for obtaining the grant of probate or of letters of administration, as well as
the distribution of an inheritance, are common and can be very complex especially where there are substantial assets involved. If these inheritance disputes are not handled in the right way, they can become highly contentious, time-consuming and expensive. At Pollonais, Blanc, de la Bastide & Jacelon, we have the expertise to competently deal with all types of Wills and inheritance disputes, especially when there are multiple properties or international assets involved.  We understand that disputes among family members can quickly escalate and need to be dealt with firmly but also with sensitivity and tact. With the right legal guidance, most contentious inheritance disputes can be resolved smoothly and effectively, often without the need for court proceedings. With our wealth of experience in acting for claimants and defendants, executors and administrators, trustees and beneficiaries, we are able to consider the issues from all sides and give the best strategic advice to ensure a smooth, timely and cost effective resolution. 

Real Property disputes

Property disputes do not always have to end up in court. Our team provides sensible, practical solutions and sound advice based on a wealth of experience in handling a wide range of issues including boundary disputes, nuisance
claims, trespass, rights of way disputes, injunctions, landlord and tenant disputes and adverse possession claims. We take a pragmatic and robust approach that can be applied to your advantage in resolving your issues without the need for costly legal action and achieving the best possible outcome in line with your objectives. If, however, litigation cannot be avoided, we litigate our clients’ disputes quickly and effectively. 

Medical Negligence

Our firm has a wealth of experience in defending medical practitioners and institutions which are facing allegations of medical errors or malpractice. With a depth of knowledge of the complexities of the medical field and a commitment to defending the reputation of our clients, we strive to ensure a legally
sound defence. Whether there are allegations of a misdiagnosis, surgical error or medication mistake we are here to provide expert legal guidance and advocacy every step of the way. Our clients trust our experience, compassion and dedication. 

Construction Litigation

Pollonais, Blanc, de la Bastide & Jacelon has a considerable amount of experience in navigating the complexities of construction law to protect the rights and interests of our clients in large scale commercial construction projects as well as small-scale residential construction projects. Whether you are a contractor, developer or property-owner
we provide expert advice to resolve construction related disputes in a timely fashion. Our team of Attorneys frequently handles the most challenging cases involving contract disputes, construction defects, delays or payment issues and are well versed in navigating the challenges posed by the use of specialist FIDIC contracts whether through litigation, mediation or arbitration.

Aviation Litigation

In the fast-paced world of aviation you need expert guidance and seasoned Counsel when dealing with legal complexities peculiar to this area of law. Whether you are an aircraft owner, airline or aviation business we have a legal
team that is dedicated to providing expert and guided solutions tailored to your needs. From personal injury to cargo damage claims, we have the knowledge and experience to navigate the complex and dynamic field of aviation law with years of experience as trusted Attorneys for major regional and international airlines.

Public/Administrative Law

We have an experienced team of Attorneys who understand the intricate nuances of constitutional claims, administrative processes, government regulations and public policy allowing us to provide expert advice to individuals, corporations and government entities
facing issues of regulatory compliance, government investigations, licensing issues and administrative hearings. Our Firm has acted in a number of election petitions and judicial review proceedings before the High Court and the Court of Appeal. When your rights and interests are at stake in matters of public administration or constitutional issues, trust us to guide you through every step of the legal process. 

Alternative Dispute Resolution

A dispute between parties does not always require an action being filed in Court or progressing to the stage of trial or appeal if the action has already been instituted. A number of tools and processes are available to limit or entirely avert the need for the Court’s intervention
and help preserve the parties’ commercial relationships. These include pre-action negotiations, mediation, expert determinations, dispute adjudication board referrals (under FIDIC contracts) and arbitration, some of which are often built into the terms of commercial contracts. Our astute team assesses the viability of engaging these alternative dispute resolution mechanisms at all stages of your matter and work to obtain the most economical and practical compromise for you and/or your business. Unfortunately these alternative processes do not always produce a favourable result, in which case our team remains committed to fearlessly and effectively litigating your dispute.  

Tax Law

Taxation is a complex and technical area to navigate and even a small misstep can result in severe financial consequences for you or your company. We work hand in hand with your accounting and financial professionals in order to provide the legal support you need to formulate
commercially viable solutions to reduce your tax assessments whether it be in relation to Income Tax, Corporation Tax, VAT, Stamp Duty, Property Tax and withholding or any other taxes. If you are dissatisfied with any assessment made by the Board of Inland Revenue, our team of experienced litigators are here to help you challenge the same by effectively engaging the available statutory objection and appeal procedures as needed.

Non-Contentious Litigation

The Court’s function is not limited to resolving disputes between parties. The Judiciary is also tasked with regulating a broad number of areas of our society, and you may need to seek permission from the Courts so that you or your company can legally operate certain types of business ventures or do certain tasks. Our team is here to guide you through these complex
processes and make the necessary applications for obtaining the permissions and orders you require to properly achieve your desired outcome. These types of matters include but are not limited to:      
  • Liquor and all other classes of licences; 
  • Appointing a Committee or Receiver for mentally incapacitated persons; 
  • Paternity Orders; 
  • Vesting of lands under the Real Property Act; 
  • Exemptions from or deferrals of jury service; and 
  • Discharge of defunct charges and restrictive covenants on land. 

Bankruptcy and Insolvency

Bankruptcy and insolvency laws exist so that individuals and companies who cannot meet their debts can arrive at a new way forward for fairly satisfying their creditors. Whether you are in the position of being an
insolvent person/company or the creditor who is trying to recover from such a person/company, our team will guide you through the intricate legal framework that governs processes of bankruptcy, involuntary winding-up and receivership and to achieve the most commercially viable result for you in the circumstances.

Civil Fraud and Asset Recovery

We are at the forefront of this dynamic area of the law which is rapidly growing both nationally and internationally. Civil fraud claims arise when a defrauded person or company seeks to recover losses caused by the fraudulent

conduct of other person/companies. Usually going hand in hand with such litigation would be Norwich Pharmacal Orders or orders for the production of banking records of defendants and Mareva injunctions or freezing orders. The Firm has sound experience in the pursuit of litigious matters and Orders involving the tracing and recovery of millions of dollars, including a landmark decision in the Court of Appeal in October 2018 regarding Norwich Pharmacal Orders 

Insurance Law

Having long served several prominent insurance companies both locally and internationally, our firm has established a trusted reputation within this industry. Our team excels at navigating the complex legal landscape pertaining to insurance claims and disputes over the terms of the insurer’s
contract of indemnity. We strive to provide comprehensive support throughout the process, with the aim of efficiently and effectively resolving disputes in a timely and cost-effective manner to protect the interests of our clients and their insured.