Services

Real Estate, Developments and Land Law

This is our niche area of practice. Our most popular service is providing our valued clientele with legal advice, support and representation in the purchase, sale and/or development of land in Anguilla. 

Services include: (but are not limited to)

  • Drafting of Purchase and Sale Agreements
  • Negotiating with Sellers/Purchasers and/or stakeholders
  • Escrow Agent for funds and/or documents
  • Coordinating with company managers to ensure proper, cost efficient and expeditious incorporation and management of companies
  • Negotiations with and drafting of Memoranda of Understanding with the Government of Anguilla
  • Applying for and obtaining Alien Landholding Licences to allow ownership of land in Anguilla by non-Anguillians
  • Preparation of closing documents
  • Discharge of closing obligations
  • Creation, registration and management of condominium developments/strata lots
  • Seamless and timely transfers and registrations of title
  • Drafting and/or registrations of leases and/or leasehold interests
  • Drafting and/or registrations of Bills of Sale, cautions, charges
  • Facilitating the set up of banking and/or credit facilities
  • All legal dealings pertaining to owning, leasing, developing or dealing with Land in Anguilla.

We work closely with relevant Government departments and agencies to ensure speedy compliance with all aspects of the bureaucratic chain through which these transactions must pass.  We track and mitigate this process for our clients, at all times balancing the need for expedition with the requirement for precision and detail.

Commercial/ Contract Law

This includes the law of contract, agency and sale of goods and services.  Often times clients for whom we have secured developments/real estate, require this service, which we complete simultaneously with or immediately following the acquisition, once again ensuring proper management of our clients’ time and resources. 

We provide legal services designed to support any legal business,

  • from the initial stages of business licencing and registration,
  • into operations and stocking,
  • regulating business relationships with others through contract
  • and ensuring the business has a firm legal foundation to make money from its products and/or services.

Compliance

We offer legal services in compliance for regulated and non-regulated services, registered by the Financial Services Commission in Anguilla.

We provide advice and support for:

  • Internal audits
  • Risk assessments
  • Compliance manuals
  • Legislated and other reports.

Civil Law/ Litigation/ Advocacy

Our practitioners have a wealth of advocacy experience dealing with natural and legal persons, regarding disputes about their rights under civil law and duties owed to others (tort). 

  • Before moving a court of competent jurisdiction, be it lower, high or appellate courts, we advise on and prepare pre-action letters and we explore alternate dispute resolution, if plausible.
  • We draft and prosecute all legal processes, including but not limited to all applications, affidavits, exhibits, orders, summonses, submissions and any other document required for Magistrate’s Court, High Court and/or Court of Appeal, from commencement to conclusion of litigation.
  • We pride ourselves on being prepared, well researched, well spoken, persuasive, persistent, forthright, fair and respectful to the Court, to Counsel and the parties.

Family Law

We are at all times guided by the legal principles that in family matters, the priority of the Court is always the child(ren) and that both parents, whether male or female, start and stand on equal footing in the Court.  We recognize the sensitivity and required compassion this area of law requires and we discharge our obligations by delicately balancing the emotional, legal, ethical and moral threads that impact:

  • Divorces, separations judicial or otherwise
  • Custody
  • Child(ren) in need of care and protection
  • Maintenance
  • Joint and/or matrimonial property
  • Trusts
  • Maintenance pending suit
  • Alimony (where applicable)
  • and all other aspects of family law.

We have seen an increase in applications before the Court to declare the beneficial interest and/or status of illegitimate children for the purpose of securing their naturalization rights or entitlement in Estates of deceased parents and have had the opportunity to champion such causes.

Probate/ Estate Planning

We advise clients on:

  • Estate planning
  • Laws surrounding intestacy
  • Legitimate and illegitimate children and legal beneficiaries
  • Draft and ensure the proper execution of Wills, Codicils and Trust Agreements.

We advise on and complete processes for:

  • the application for Letters of Administration, Grants of Probate and any other Grants issued by the Probate Registry of the High Court of Anguilla.
  • Assistance with proper collection, administration and distribution of Estate property within the legislated time.

Additional probate services include:

  • Conducting searches
  • Gathering information from registries so as to alleviate the already emotional roller coaster this area of law is for Administrators, Executors, Creditors and/or Beneficiaries.
  • Litigation in matters of maladministration and/or misadministration, undue influence, fraud or other objectionable conduct surrounding the Administration of Estates process.
  • Application for the relevant licences and in appropriate cases waiver of stamp duties to secure the fulfilment of the testator or testatrix’s Last Will and Testament or compliance with intestacy laws where gifts are left to non-Anguillians.

Administrative Law

We advise on and prepare all legal processes for the review of government, executive and other decisions, which can only be challenged through the avenue of judicial review. 

As a matter of natural law, statutory bodies and/or government agencies must follow certain tenets to ensure fairness, legality, rationality and equity for all.  They are also required to give reasons so that their decisions can be tested by a court of competent jurisdiction.  We maintain our practice in this area of law because it keeps our leaders and policy makers accountable and our society better and more honest for it.

Dispute Resolution

Managing Partner, Mrs Keesha Carty, is a court appointed and trained mediator, with specialist training in family mediation.  She has conducted several mediations over the years. 

Our practitioners have served as counsel for parties in mediations and lend the requisite support and representation allowed in the process.  They prepare all mediation briefs, bundles, confidential reports and any other documents.  

The attorneys of KCW Carty & Rogers are skilled negotiators, have combined knowledge and experience in arbitration processes and advocate all methods of alternate dispute resolution once in the best interest of their clients. 

Employment Law/ Labour Relations

Our services include (but are not limited to)

  • Liaising with, making representations to and navigating employment issues between parties and the Labour Department and Ministry of Labour in Anguilla.
  • Advising on, assisting with and/or preparing work permit applications, extensions, revocations and/or cancellations.
  • Advising on, negotiating and drafting Employment contracts and relevant documents
  • Advising, assisting with and preparing relevant documentation for or in contradiction to redundancies, terminations, cessations and any other legal options available under the Labour Relations Act.
  • We settle and/or litigate employment matters to the satisfaction of our clients.

Intellectual Property

We have experience and expertise in trademarks, copyrights, licencing and other areas of intellectual property.

Clients choose us because:

  • We prepare and/or defend objections.
  • We have a long-standing relationship with the requisite licencing and registration entities, which provides for a speedy, efficient and proper registration process.
  • We settle and/or litigate these matters when necessary.

Immigration, Belongership, Naturalization

Partner, Ms Nakishma Rogers, formerly worked at the Attorney-General’s Chambers which processed and/or prosecuted these matters and is familiar with same.  We can assist with the entire process including preparation, execution, notarization and certification of all documentation and applications, including tracking same until conclusion.

Criminal Law

The firm mainly provides this service for valued existing clientele where needed personally or for their family members, employees, or agents. Both attorneys have experience in criminal defense practice and Partner Rogers also has several years’ experience as a Prosecutor. While both Partners discuss and strategize on the criminal briefs accepted by the firm, only one Partner would typically represent the clients of KCW Carty & Rogers in the upper and lower criminal divisions of the Court, unless otherwise requested by our valued clients.  Partner Rogers would be the first point of contact in these matters.