Civil & Commercial Litigation
Civil litigation involves court proceedings to resolve disputes which may include:
- breaches of contract
- property disputes,
- negligence claims including personal injury claims
- disputes involving trusts and estates.
Commercial litigation involves court proceedings to resolve disputes which may include:
- business disputes
- corporate insolvency proceedings
- financial services litigation
- competition law disputes
Ms. Gonsalves-Sabola represents parties in all stages of litigation before the Supreme Court, Court of Appeal and Privy Council.
Civil litigation matters in The Bahamas are heard in the Magistrates' Court if the claim is less than $5,000, or in the Supreme Court if the claim is more than $5,000.
Personal Injury Claims
Personal injury claims are complex, and sometimes difficult to prove. Even so, people who are injured due to the fault of another are entitled to receive compensation for their pain and suffering and any financial loss or expense they may have experienced because of their injury. Ms. Gonsalves-Sabola can help. She will review your case and tell you how likely you are to win your case, and how much you might receive in compensation so you know whether or not you want to proceed.
Liquidation & Receivership
A company is considered insolvent if it is unable to pay its debts or if the value of the company's liabilities exceeds its assets. If a company is insolvent it may be prudent to commence liquidation proceedings. If a creditor is owed money which the company does not pay, a creditor may be able to commence liquidation proceedings against the company.
The time-frame and cost for liquidation may vary depending on the structure of the business and the complexity of the liquidation process. The liquidation of a company may take four to six months if the process remains administrative, does not include court proceedings and if there are no creditors involved. Companies which do not operate in a regulated industry may be liquidated without governmental or regulatory involvement. However, the liquidator appointed to wind up the company will be constrained to follow statutory requirements for satisfying creditor claims, making preferential payments and distributions to shareholders.
Receivership occurs when a company's assets are placed under the control of a receiver who is responsible for managing the property and paying the debts of its owners because the owners have failed to meet their financial obligations.
Ms. Gonsalves-Sabola can help you decide whether liquidation or receivership is appropriate and can guide you through either process.
Civil & Commercial Mediation
M Margaret Gonsalves-Sabola also offers her services as a mediator for civil and commercial disputes where an alternative method of dispute resolution is appropriate. She is one of the founding members and the Chairman of The Bahamas Association of Mediators.
Mediation is particularly useful for parties who have a relationship they would like to preserve, such as business partners, family members, neighbours or divorcing spouses who share custody and responsibility for their children. More and more, people are recognizing that mediation is a confidential and important alternative to litigation. It often can result in a more satisfying resolution to a legal conflict than litigation.
For more information on mediation, please click on the link to download our mediation brochure.