Legal Services

In our litigation practice we represent individuals, statutory bodies and corporations at all levels of the court including Magistrate Court, Eastern Caribbean Supreme Court and Appellate litigation. At LIBURD CHARLES we are aggressive advocates for our clients at all stages of the litigation. However, we are also pragmatic and are highly effective at targeting opportunities for early resolution. Our breadth of experience allows us to provide sound legal advice and efficient representation and makes us trusted advisors to our clients on a wide range of legal matters, including:

• Negligence and other torts
• Breach of Contract
• Debt Collection
• Real Estate 
• Landlord and Tenant
• Defamation
• Appellate Litigation
• Administration and Constitutional Law
• Contentious Probate

• At LIBURD CHALRES, we fully understand that buying, selling or leasing property may be a stressful process. In our real estate practice, we work with our clients to minimize stress and make the process as smooth and enjoyable as possible.

Buying and Selling Property

When we assist our clients with the purchase or sale or disposition of property, we handle:

• Contract negotiations
• Preparing sale and purchase agreements
• Due diligence title searches
• The transfer documents and ensure that the smooth closing of the transaction
• First Certificate of Title applications

Leases

In our real estate practice, we also assist our clients with landlord and tenant issues such as preparing commercial and residential leases, negotiating terms and resolving disputes. Whether our clients are landlords or tenants, we ensure that their interests are well protected.

A divorce is an emotionally charged and difficult time for an individual. Our aim is to provide the best possible outcomes for our clients and for our clients to have the smoothest possible experience during a very challenging time. At LIBURD CHARLES we are well versed in handling complex high net worth matters involving substantial assets and business. Where parties end their marriage in an uncontested divorce, we can provide assistance to ensure that this goal is achieved in a timely manner.

Ancillary Matters

In addition to the different assets at issue in high net worth divorces, other issues such as child custody and access, child maintenance and spousal support may be relevant. We are committed to applying our experience and skill to fight aggressively to ensure that our clients achieve their desired outcome, i.e., fair and reasonable access, custody and financial support.

Matrimonial Property Dispute 

At LIBURD CHARLES we are committed to fighting for our clients to get a fair share of matrimonial property. The laws of St. Kitts and Nevis are unique and unlike many other jurisdictions there is no automatic 50-50 division of matrimonial assets upon the breakdown of a marriage. When we first meet with our clients, we provide a detailed consultation in which the assets involved are examined and we provide detailed advice on how property is distributed pursuant to the laws of St. Kitts and Nevis. At our initial consultation possible outcomes are also canvassed. We are always ready to fight for our clients to secure a favourable settlement or if necessary, aggressively pursue the matter at trial.

Separation Agreements

We are skilled in providing assistance to our clients with the preparation of separation agreements and guide our clients through the entire process.

Pre and Post Nuptial Agreements

If you have substantial assets and property, you may wish to consider protecting them prior to getting married. We are ready to assist our clients with the protection of assets from a future divorce. A pre-nuptial agreement can set out conditions regarding financial matters in the event of a divorce. Sometimes, during a marriage, circumstances may dictate that a post marital agreement be drawn up. LIBURD CHARLES has many years of experience assisting clients preparing pre and post nuptial agreements.

Wills, Probate and Estate Administration

After a loved one has died there are many things that must be done. Assets must be gathered; bills must be paid and assets must be contributed to the rightful beneficiaries. At LIBURD CHARLES we assist our clients through the process of obtaining a grant of Probate (if deceased left a will) or obtaining a grant of letters of administration (where there is no will). Once the Executor or the Administrator has been appointed, we guide our clients through the legal process of distribution of assets to the beneficiaries.

Wills and Estate Planning    

LIBURD CHARLES provides carefully drafted wills and other advanced estate planning documents that are tailored to our clients’ individual needs. To ensure that your will and all your other estates documents realize your vision of the future, we take the time to gain a thorough understanding of the assets, family and needs and abilities of the intended beneficiaries and the client’s goals. LIBURD CHARLES will create an estate plan that incorporates some or all the following

1. Wills
2. Trusts
3. Power of attorney

Personal injury cases are becoming more prevalent with the increasing number of vehicular and other types of accidents which occur daily. At LIBURD CHARLES we provide effective representation to clients who are injured whether by motor vehicle collisions, slip and fall, etc. We understand that if our clients are seriously injured, this may require expensive medical care and treatment and often the injured party may be unable to work in these circumstances. We work hard to determine the cause of the injury and we work to pursue favourable results for our clients. 

LIBURD CHARLES is also experienced in dealing with cases of compensation for surviving beneficiaries, where death is caused from a motor vehicle collision. In these unfortunate cases, we assist our clients in obtaining compensation, loss of income for the “lost years” and other losses associated with death.

Domestic Violence Applications

The police and relevant authorities in the Federation of St. Kitts and Nevis take reports of domestic violence seriously and so does LIBURD CHARLES. Without legal representation, victims of domestic violence may find it difficult to take advantage of the legal protections available. On the other hand, those accused of an act of domestic violence may face serious immediate consequences prior to any determination of fault. LIBURD CHARLES represents clients who are facing issues involving domestic violence with compassion and sensitivity.

Child Support

Child support is mandatory under the laws of the Federation of St. Kitts and Nevis. Contrary to popular belief, child support is not intended to punish the person paying it nor reward the custodial parent receiving it. LIBURD CHARLES is committed to assisting its clients in applications for child support to protect the most precious and vulnerable members of our society – the children.

Adoption

There are many reasons that people choose to adopt a child. Whatever the reason for choosing to adopt it is important to understand the process. LIBURD CHARLES is experienced in handling adoption applications for children residing in the Federation of St. Kitts and Nevis and are equipped to explaining the steps in the adoption process and dealing with complications and setbacks that may occur.

St. Kitts and Nevis ranked first in the region for its Citizen by Investment (CBI) programme in the 2018 Passport Index released by the leading international CBI firm Henley and Partners. LIBURD CHARLES works closely with its associated firm SAM Legal Services who is an authorized person approved by the Financial Services Regulatory Commission (FRSC) of St. Kitts and Nevis licensed to conduct Corporate and Trust services in St. Kitts and Nevis.

In this regard, we assist our clients by:

1. Providing professional advice relating to the St. Kitts and Nevis CBI Programme.
2. Assisting and giving details to applicants regarding the application process.
3. Assisting with the preparation and submission of an application for CBI and its supporting documents including the uploading of the application on the Citizen by Investment Unit (CIU) database.
4. Engaging the CIU and maintaining a point of contact to review all matters surrounding the applications, make payments and submit and collect all important correspondences.

The current options available under CBI are:

• Real Estate
• Sustainable Growth Fund 
• Private Home Sales
• Public Good Investment

LIBURD CHARLES offers property management services to its clients who own property in St. Kitts and Nevis. We give our clients peace of mind by providing:

1. Accurate and detailed monthly reports so that you always know exactly what is happening with your property.
2. Ensuring that monthly outgoings for the property are paid promptly.
3. Ensuring that rent is collected promptly and in advance.
4. Ensuring that property issues are dealt with in a timely and cost-effective manner.
5. Handling breaches of lease agreements in an expeditious manner.

LIBURD CHARLES understands the importance a business places on recruitment, retention and rewarding its most talented people. We guide and advise clients on the practical application of employment law in the Federation of St. Kitts and Nevis, whether our client is an entity’s Human Resource function or an employee seeking advice on options available to them.

We help clients meet challenges with our understanding of the legal issues without losing sight of the commercial context. We work on a wide range of employment issues, including:

• • Employment Contracts & Staff Handbooks
  • Variation of employment terms and conditions
  • Disciplinary and grievance procedures
  • Discrimination issues
  • Dismissals and redundancy
  • Executive/Board terminations
  • Employment Tribunal and court claims
  • Remote Work
  • Detached and temporary workers
  • Industrial relations
  • Trade Unions

Social Security Matters

Understanding your rights and obligations under the Social Security Act can be daunting. LiBURD CHARLES can provide guidance and advice on these matters and if necessary mount a challenge to ensure that you are being billed for the correct contributions and that the correct benefits are being paid to you.

Pension Schemes

Pensions are a vital part of financial planning, and we pride ourselves on having a pensions specialist on our team. We provide advice and support at every stage, from establishing a new pension scheme to winding up a pension arrangement.

At LIBURD CHARLES, we provide ongoing support in the form of reviewing and updating pension scheme rules in light of changes to legislation and assisting with any contentious decisions which need to be made. Our expertise covers the following:

• Review of pension arrangements
• Establishment of Occupational Pension Schemes
• Drafting and reviewing employee literature and communications to members
• Disputes
• Interpretation of Scheme Rules
• Transfer of benefits
• Trustee advice
• Winding up Schemes
• Reviewing and amending the Scheme’s trust deed

Business Counselling

Operating a business comes with many challenges. At LIBURD CHARLES we provide sound legal advice to our clients so that they can meet any challenge they face. We assist our clients with the formation of business entities, formation of companies, filing of annual returns, reviewing and negotiating contacts with third parties, handling employment issues, assisting in the sale and purchase of business assets and obtaining of business and other licenses. In addition, LIBURD CHARLES has a wealth of experience performing the role of general counsel to popular institutions operating within the Federation of St. Kitts and Nevis including a major insurance company and a leading production company.

Corporate Governance

LIBURD CHARLES also offers advice on the range of fiduciary duties, including:

• Company secretarial
• Shareholder rights
• Directors’ liabilities and responsibilities.