C. R. Hodge & Associates | Areas of Practice
10442
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Areas of Practice

AREAS PRACTICE

"Results Driven, Precise Advice, Peace of Mind"

CIVIL AND COMMERCIAL LITIGATION

It is not uncommon for individuals or businesses to find themselves involved in a legal dispute with another party. Disputes of this nature, such as a breach of contract, typically fall under what is known as civil litigation which entails the use of courts or alternative dispute resolution.

For claimants involved in a civil or commercial litigation matter, the objective is to right a wrong, honor an agreement, or to obtain compensation for an injury.  Defendants in a civil or commercial litigation matter will want to aggressively protect their rights in opposing the claimant’s claim.

We represent claimants and defendants as individuals, partnerships, shareholders and corporations in numerous cases.

GOVERNMENT SOLUTIONS

We pride ourselves in over the years having established working relationships with practically every government department in order to assist our clients in fully complying with Government rules, regulations and guidelines so as to achieve our clients’ business goals in the most cost efficient way possible. 

We regularly represent clients’ interests before government departments, legislative committees, administrative agencies, and local government bodies. 

PROJECT DEVELOPMENT

Large-scale projects are subject to a range of challenges, including structuring and financing issues, government negotiations and regulations, design and engineering, procurement and other contractual issues, local law coordination, and other elements that may cross local and regional boundaries. Clients rely on us to help them achieve their most ambitious project goals.

When we work with our clients on these projects, we provide more than just legal counsel. We provide business and strategic advice –  assisting with the structuring, negotiating and documenting the full array of project and financing agreements tailored to each client’s needs.

REAL ESTATE

We represent clients in a wide range of real estate matters from the purchase of raw land, to the sale of developed property and everything in between.   We work closely with each client in order to ensure protection of all financial and legal interests.

Our firm assists clients with the following real estate issues:

  • Purchase and sale of real property
  • Construction (new construction and renovation projects)
  • Financing
  • Planning and building approvals
  • Drafting and negotiation of leases
  • Mortgage issues
  • Landlord/tenant matters

If you are considering buying, selling, leasing, or investing in real estate property, consult our firm to ensure that your transaction is structured in the most optimal manner possible.

CORPORATE AND COMMERCIAL TRANSACTIONS

We recognise the need for commercial, pragmatic advice from lawyers who not only understand the nature of your business but are also able to assist you in realising your strategic objectives. We deliver timely advice and practical solutions to clients facing a variety of legal and business challenges. Understanding the needs of our clients and delivering a bespoke service is at the heart of our approach to client relationships.

FINANCING AND SECURITIZATION

We have experience in representing lenders and borrowers in a broad spectrum of commercial, real estate and private placement transactions, and providing advice as to the legality of certain financing structures under local law.

TRUST AND ESTATES

Trusts

Trusts are simply an arrangement where one party holds property on behalf of another party. In an estate planning context, trusts are created by the person doing the estate planning (the settlor), who authorizes another person (the trustee) to manage the assets for the benefit of a third party (the beneficiaries). There are many reasons for establishing trusts including tax minimization or providing for the needs of underage beneficiaries.

A trust can be can be customized to serve a valuable purpose in accomplishing the wishes of those making gifts or planning an estate. We can help you assess your finances and goals to determine the best vehicles to preserve your wealth and your legacy. 

ESTATE PLANNING AND PROBATE

Establishing an estate plan is one of the most important steps you can take to protect yourself and your loved ones in the event of death or disability. Proper estate planning not only puts you in charge of your finances, it can also spare your loved ones of the expense, delay and frustration associated with managing your affairs when you pass away or become disabled.

Probate

When a loved one passes away, his or her estate often goes through a court-managed process called probate or estate administration where the assets of the deceased are managed and distributed.  The length of time needed to complete the probate of an estate depends on the size and complexity of the estate, probate rules and schedule of the probate court. 

FAMILY LAW

When domestic issues cannot be solved within the home, family law seeks to restore order and provide a fair solution for all parties involved.  Family law covers a broad array of domestic issues including divorce proceedings, adoption, premarital agreements, paternity and child support issues.

When legal action is necessary to resolve familial matters, we serve as confidants and advocates for all of our clients, while exploring avenues to resolve disputes in the best interests of all concerned. 

DISPUTE RESOLUTION

We help clients to avoid formal proceedings where possible on a wide spectrum of contentious matters and regularly assist with pre-action settlements, mediations and other alternative dispute resolution mechanisms, working alongside our clients to achieve the best commercial outcome. The process of identifying and assessing the possible solutions can often be as complex as the dispute itself and each case will require its own bespoke and cost effective approach. In some cases, court action is unavoidable and we have a strong track record in dealing with all aspects of the litigation process from commencement through to trial (and, where appropriate, appeal). 

Our Trust & Leadership has Led us this far

           We represented a barge and drilling company against a major hotel on island in a breach of contract action for sand replenishment after a hurricane. The matter went to trial and the Firm was successful in obtaining judgment against the hotel.

           A developer of a condominium development was sued by a unit owner claiming inter alia that the condominium declaration was unlawfully amended and included the construction of a third building, and that the developer amended the unit entitlements without the appropriate consents. We represented the developer and the decision of the trial judge was that the condominium declaration was lawfully amended but the amendment did not extend to a third building.

         Purchasers of a villa sought specific performance or damages against a development for breach of contract for failure to deliver the villas within the period specified in a contract. We were successful in obtaining judgment at trial and an award of damages on behalf of the purchaser. Other purchasers thereafter sought the same relief and we were successful in obtaining default judgment on those matters.

We acted as on-island counsel for a group of creditors in a United States Bankruptcy Court proceedings relating to a hotel development located in Anguilla. As part of our role, we opined on local law and the application of local law to the bankruptcy proceedings.

We represent a residential development in

(I)        Acquiring property for the development
(II)      Negotiating a Memorandum of Understanding with the Government of Anguilla
(III)     Addressing issues of access to the property
(IV)     Drafting Covenants, Conditions and Restrictions and other documentation governing the property as well as purchase and sale and construction documents.