Partner

Brian J Barnes

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Biography

Brian is a partner and head of the litigation department of Daniel Brantley.  He initially joined the firm in 2001 as an Associate and rejoined the legal team in December 2016 after leading a robust general legal practice in Jamaica.  His practice areas are Litigation and Dispute Resolution, Banking & Finance, Employment Law, Insolvency, Trusts, Probate & Estate Management, Real Estate Development and Transactions.

 

Brian has over 15 years experience in corporate, commercial and trust law in the Caribbean market which is complemented by his broad experience in all aspects of auditing, accounting and financial management. Brian is known for being pro-active, results oriented, having a hands-on management style in litigation and in the development and implementation of operational and strategic plans.

 

Brian is admitted to practice in St. Kitts and Nevis, Anguilla and Jamaica.  He is a member of the St. Kitts and Nevis Bar Association and the Jamaica Bar Association. He is also a Certified General Accountant of Canada and a Registered Public Accountant of Jamaica.

 

The following are Brian’s noteworthy cases: Oswald James v The Director of Public Prosecutions (Jamaica) JCPC 2014/0076; Junior Mills and Norval Thompson and Stainton Knott and Others and Alcoa Minerals of Jamaica, LLC, Court of Appeal of Jamaica, No 156 of 2012; Joseph Parry and Mark Brantley [HCV AP2012/004], Eastern Caribbean Supreme Court of Appeal; Regina v Clive Fagan & Others (Ex parte Forestry Department).

 

At present, Brian is the Vice-President of the St. Kitts and Nevis Bar Association

Education

Norman Manley Law School

2001

Legal Education Certificate

University of London

1999

Bachelor of Laws

University of Manchester

1998

Master of Business Administration (Finance

Algonquin College

1992

Professional Certificate in Financial Management

Certificated Member of the Certified General Accountants Association of Canada

1992

Certified General Accountant of Canada

Practice Areas

We are versed on all legal aspects of the various financial products offered in the Federation of St. Christopher and Nevis providing clients with the right legal and commercial solutions based on their needs. We understand that our clients require more than just the law in black and white, therefore we analyse client needs and tailor advice to suit them. We attend to regulatory and compliance issues, debt and equity financing including project financing and complete legal due diligence for major developments, secured transactions, debentures, securities, restructuring, acquisitions, formulating and negotiating general commercial contracts. Our clientele includes international banks, corporations and real estate developers.

Our litigation team represents a cross-section of entities throughout the world involved in antitrust disputes, commercial and contract disputes, debt collection, employment disputes, fraud and asset tracing, insolvency litigation, insurance disputes, tax disputes, personal injuries and public law litigation. We represent clients effectively in the most difficult and sophisticated contentious matters at all tiers of the Court likewise in alternative media to the Court that is, in mediation and arbitration proceedings. We explore all avenues of dispute resolution so that clients have a full and comprehensive framework of the various methods available to them because resolving disputes with as little interruption to ones business or life is crucial.

We advise insolvency practitioners, creditors, and other parties when a company is in financial difficulty. Our team is considered experts in insolvency matters in St. Kitts and Nevis and Anguilla advising companies on local and offshore legislative and regulatory matters. We deal with dissolutions and liquidations including the appointing of liquidators, ensuring legislative compliance during liquidation, collecting and distributing the assets of a company in liquidation to secured and unsecured creditors. Further, our team can assist with various issues that arise in cross-border insolvency matters including the difficulties associated with the realisation of an overseas asset and determining competing claims in respect of goods.

Our knowledge and experience allows us to provide the best legal services to private, commercial and international clients on all aspects of purchase, sale and development of property within the Federation of St. Christopher and Nevis. We guide nationals and non-nationals purchasing or selling property through every step of the process. For clients interested in large developments within the Federation, we are able to offer the highest level of service from the commencement to completion of the project including negotiating various service contracts and presenting concessions and tax exemption packages to Government entities and applications to be approved developments for economic citizenship.

We are equipped to render general legal advice relating to establishing and maintaining a trust and other matters related thereto. A trust is a device where rights either personal or proprietary are held by a person or persons on behalf of another. The person creating the trust is called the settlor, the person holding the rights is the trustee and the person for whom the rights are held is called the beneficiary. An offshore trust is a trust that has been established in a jurisdiction different from that of the domicile of the settlor. People use offshore trusts mainly as a management tool for their finances and the trusts laws of the Federation are flexible and attractive for anyone seeking creative ways of managing their finances.

Employment Law (or Labour Law) covers a vast area encompassing recruitment and employment contracts, employment policies, discrimination, discipline and grievance. Employment Law not only protects the rights of employees, but the rights of employers whenever employment disputes arise. The Firm offers full legal services on the application of the various labour laws in the Federation of St. Christopher and Nevis including facilitating the drafting of employment contracts, resolution of disputes and restructuring. We are known for our ability to resolve major disputes which includes disputes between institutions and governmental entities as it relates to labour rights likewise, contentious employment matters for corporations.

We advise on all aspects of Personal Estate matters inclusive of wealth management. We guide clients in drafting their Last Will and Testament, Trust Deeds, and can offer legal advice on estate management and planning. We are abreast of the most recent Laws governing testamentary succession being equipped to assist clients in applying to the St. Christopher and Nevis High Court for Grants of Probate and Letters of Administration to administer the deceases Estate within the Federation. As it relates to wealth management, we guide clients through the various asset protection options available to them as we help tailor products to suit their needs likewise explore various investment options available in the Federation.

Bar Admissions

  • St Christopher and Nevis - 2001
  • Jamaica - 2001
  • Anguilla, 2002

Memberships

  • Member of the Saint Christopher and Nevis Bar Association
  • Licensed to practise with the General Legal Council of Jamaica