Bartlett Morgan

Bartlett D. Morgan is an experienced commercial litigator. He frequently acts for international and domestic clients in matters before the High Court, Court of Appeal, Caribbean Court of Justice and specialist tribunals.

He has substantial cross-sector experience and has represented clients in telecommunications, tourism, banking & finance, insurance, fintech, digital media, e-commerce, distribution, manufacturing and government.

Bartlett’s cases have involved questions of shareholder oppression, bankruptcy, receiverships, cross-border enforcement, immunity of international organizations, high value security enforcement, asset tracing, trust enforcement, defamation, judicial review and unfair dismissal. He also advises clients on complying with data privacy, cybersecurity and other digital law obligations, enforcing intellectual property rights, employment law matters and navigating various telecommunications regulatory frameworks in the Caribbean.

Bartlett is a respected thought leader on digital law and policy issues impacting the Caribbean. In this regard, he is regularly called upon to speak and write on issues at the intersection of law, policy and technology.

He is a member of the Barbados Bar Association, INSOL International, the Charted Institute of Arbitrators and the International Association of Privacy Professionals. He formerly served as the representative for the Caribbean and Latin America on the At-Large Advisory Committee which advises the board of directors of the International Corporation for Assigned Names and Numbers on Internet policy issues.

Education:
University of the West Indies, LLB. (Hons)
Norman Manley Law School, L.E.C

Bar Admissions:
Barbados
Jamaica

Ongoing or recent engagements:

Confidential client – lead counsel for corporate trustee in proceedings brought by a beneficiary to set aside the exercise of discretion by the trustee.

Confidential client – co-counsel for claimant financial institution in proceedings under the Companies Act seeking various anti-dilutive remedies against Barbados-domiciled company and its directors.

Confidential client – legal representative for third-party bank in ongoing proceedings arising from cross-border tracing efforts related to the multi-million-dollar recovery of funds associated with a fraud claim.

Confidential client – lead counsel for several defendant directors of a captive insurance company. The directors were being pursued by a creditor of the company seeking recovery of CAD 7 million in total compensation.

Select Decisions:

1. Commissioner of Police v Amicorp Bank and Trust(Unreported) CV 628 of 2019. Lead advocate for bank in proceedings brought under the proceeds of crime framework by local law enforcement to support the efforts of Malaysian prosecutors to trace assets. The decision saw the successful overturning of a freezing order obtained in breach of the POCA statutory framework.
2. In the Matter of the Bankruptcy of Lindsay Cumberbatch(Unreported) CV 587 of 2016 (Written decision delivered on December 12, 2018). Lead advocate for the trustee in bankruptcy in insolvency proceedings brought as part of a cross-border effort to enforce court awards made in the United Kingdom against assets held by a bankrupt in Barbados. Successfully resisted a strike-out application by the bankrupt. The decision clarified the law on the applicability of the Foreign and Commonwealth Enforcement Act on enforcement of bankruptcy orders by foreign trustees in Barbados.
3. Battaleys v Kaupthing Singer & Friedlander [2015] CCJ 3 (AJ). Successfully resisted a special leave application made to the Caribbean Court of Justice, the apex court for Barbados. Acted for UK-based mortgagee and the receiver.
4. In the matter of Whitehorn Investments Ltd CA 31 of 2014. Acted for a court-appointed liquidator in Court of Appeal and High Court proceedings that resulted in successfully staying execution of a decision by the High Court to grant injunctive relief. The liquidator’s role was to assist in the tracing and recovery of assets in Barbados purchased with illicit funds resulting from a fraudulent insurance scheme in the United States.
5. Marks & Toppin v J.G.L. Hotels Limited & Anor (Unreported) CV 22 of 2015. Instructing counsel in a successful application by a receiver-manager for injunctive relief against the director of a company in receivership.
6. Taitt v Caribbean Development Bank (Unreported) Civil Appeal No. 26 of 2019(Decision delivered May, 2020) – Co-counsel for an international organisation in decision of the Barbados Court of Appeal declaring an appeal incompetent. Decision affirmed the validity of the application test in determining whether, procedurally, matters are interlocutory and, by extension, require leave to appeal.
7. Sigma v Birch et al 95 WIR 166 - Reported decision from the Barbados Court of Appeal.  Instructing counsel for successful respondent in landmark decision clarifying the Barbados approach to applications for leave to appeal out of time. Appeal arose in the context of an underlying matter related to high-value security enforcement.
8. Went & Ors v Cable & Wireless (Barbados) Ltd and Ors 91 WIR 86. Reported decision from the jurisdiction on injunctive relief in oppression proceedings pursuant to the Companies Act framework involving a major telecommunications player.
9. Robinson v First Citizens Bank (Unreported) Civil Appeal No 15 of 2016. Co-counsel in Court of Appeal proceeding to successfully declare an appeal incompetent. Decision clarified the law on the nature of summary proceedings in Barbados and arose in the context of security enforcement proceedings.