Bartlett Morgan

Bartlett D. Morgan is an experienced corporate and commercial lawyer. The pillars of his practice: corporate-commercial dispute resolution as well as data privacy and other digital law considerations.

Bartlett’s litigious matters typically extend to questions of asset tracing, cross-border enforcement, bankruptcy, receiverships, shareholder oppression, high-value security enforcement, trust disputes and employment matters. He frequently acts for international and domestic clients in matters before the High Court, Court of Appeal, Caribbean Court of Justice and specialist tribunals.

Bartlett’s practice extends to counselling clients on navigating data privacy, cybersecurity and other digital law and policy obligations. In this connection, he regularly acts as breach counsel and otherwise conducts independent investigations and assessments on behalf of clients in the public and private sectors throughout the Caribbean.

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

He is the Barbados member for the International Chamber of Commerce’s Fraudnet, a worldwide network of leading lawyers who specialise in fraud, international asset tracing and recovery. Bartlett is also a member of the Barbados Bar Association and the International Association of Privacy Professionals. He is a director of Bloomfield Digital and currently serves as the Managing Director of Chancery Advocates.

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

Bar Admissions:
Barbados
Jamaica

Ongoing or recent engagements:

• Breach counsel to NASDAQ-listed company concerning its operations in the Caribbean.
• Lead counsel for corporate trustee in proceedings brought by a beneficiary to set aside the exercise of discretion by the trustee.
• Co-counsel for claimant financial institution in proceedings under the Companies Act seeking various anti-dilutive remedies against the Barbados-domiciled company and its directors.
• Breach counsel to public body in the Eastern Caribbean.
• 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. Favourable settlement terms achieved.

Select Decisions:

1. CoP v ABTL CV 628 of 2019. Lead advocate 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.