If you have filed a lawsuit in The Bahamas or are thinking about filing one, it may be useful to know what happens during a Bahamian court trial. Depending on the type of case and the circumstances, The Bahamas permits trials before a judge, a judge and jury, or other officials such as a registra...
Blog Posts
Can Prior Judgments Be Admitted as Evidence in The Bahamas?
During the course of a civil trial in The Bahamas, a party may seek to have evidence of a prior judgment against you entered into evidence. There are a few reasons why the prior judgment might be relevant or related to the claims at hand – for example, to show that you had been found liable for a...
Beginning a Bahamian Lawsuit by Writ of Summons
A civil lawsuit in The Bahamas can be commenced in the Supreme Court in a few different ways, such as by a writ of summons, or an originating summons, or an originating motion or a petition. (Rules of the Supreme Court, O. 5, r. 1.) By and large, the majority of civil court actions in the Supreme...
Foreign Companies Doing Business in The Bahamas: The Basics
Every foreign business doing business in The Bahamas should be aware of and comply with Bahamian law. This article details the basics that foreign businesses need to know when first becoming established in this country. First and foremost, even if your company is registered or doing business in ...
Contract Disputes in The Bahamas
Contract disputes in The Bahamas arise often, so residents and businesspeople should be familiar with the methods for resolving disagreements over the interpretation and performance of contracts. In The Bahamas, the courts and arbitrators decide contract disputes while mediators assist the partie...
Bahamian Business Entities and Liability in Litigation
Depending on the organization of your business, you may be subject to different amounts or kinds of liability if your business becomes involved in litigation. Not only is consideration of exposure to liability very important when choosing what type of business entity to use, but also if you antic...
Non-Party Witnesses in Bahamian Courts
Parties to litigation in The Bahamas must use special procedures to compel testimony or document production by non-party witnesses. The Registrar of the Supreme Court or a judge may issue writs of subpoena ad testificandum or writs of subpoena duces tecum, which require a non-party witness to att...
Legal Vehicles for Doing Business in The Bahamas
The Bahamas recognizes many different types of legal vehicles for doing business, often referred to as business entities. The entity types vary in form, advantages, method of formation, and legal compliance. This article briefly summarizes the most common types of business entity available to you...
After I File a Lawsuit in The Bahamas, Can I Add More Parties or Claims?
After a court action has been filed, a party may discover that they should have sued an additional defendant or that they should have included an additional claim against a named defendant. In many circumstances, Bahamian rules of civil procedure permit those additional defendants or claims to be...
Overview of the Investment Funds Act
The Bahamas' Investment Funds Act, 2003 provides the regulatory framework for establishing, administering and managing investment funds in The Bahamas. For those unfamiliar with the Act, understanding when it applies to you depends on understanding what an investment fund is and what it does. Th...
How to Prepare for a Mediation
If you are about to participate in the mediation of a dispute, there are a few preparatory steps that you should take beforehand. Consider the nature of your dispute, evidence supporting your claims, financial loss you have incurred, the other party's perspective on the dispute, and your bottom l...
When Should You File a Professional Negligence Claim?
Although we all try to choose the best professionals when we need to seek medical care, financial or accounting advice, or the legal services of an attorney, sometimes a professional makes an error. In that case, it is prudent to determine whether you have grounds to bring a professional negligen...
Corporate Insolvency 101
Insolvency is a serious challenge to a company's' resiliency and continuity. Persons responsible for leading and managing companies in The Bahamas should understand when the company is considered to be insolvent and what they should do in those circumstances. This article briefly describes the de...
Owed Money? Your Legal Rights in Debt Collecting
Are you owed money by a Bahamian-based person or business? If the answer is yes, then you may need to start thinking about how to collect the debt owed to you. First, do some research to determine whether any bankruptcy or insolvency proceedings have been commenced in respect of the debtor. This ...
Minority Shareholder Disputes in an IBC: What Steps to Take to Resolve Them
Minority shareholders in international business companies (IBCs) incorporated in The Bahamas have certain rights in disputes with majority shareholders or officers and directors. Resolving disputes can be tricky, so understanding Bahamian laws that protect minority shareholders is crucial. Under...
Why the Companies Act and the International Business Companies Act Are Important in the Bahamas
The Companies Act and the International Business Companies Act provide the legal framework by which domestic and international companies form and operate in The Bahamas. Depending on the type of company and its needs, incorporating under one Act or the other has advantages and restrictions. Busin...
An Overview of Civil Litigation
Are you thinking of filing a civil lawsuit against someone in The Bahamas or, perhaps, you have recently been sued by someone? Become familiar with the civil litigation process and your options when proceeding with a civil action in The Bahamas. Whether you have participated in a lawsuit in anoth...
Bahamian Estate Planning Guidelines that You Need to Know
Have you been planning your legacy or thinking about the future? Whether you have a modest inheritance to pass to your family or a complicated estate with different types of property, consider some basic estate planning guidelines for everyone in The Bahamas. Not only can the suggestions below be...
How Often Should I Update My Will?
Updating your will ensures that your possessions and property pass to the people you want to inherit them and perhaps just as importantly, that they do not pass to the people that you would not want to benefit in the event of an intestacy (if you die without making a will). Without an updated wil...
Mediation and Dispute Resolution in The Bahamas
Although often referred to as an “alternative dispute resolution” method, mediation may one day become the preferred method for dispute resolution, instead of resorting to litigation. Worldwide mediation is becoming more popular as an alternative method of dispute resolution. However, you may no...
Why Do Business in The Bahamas?
Why do business in The Bahamas? There are a number of very good reasons. The Bahamian government is committed to an investment-friendly environment with opportunities for both Bahamian and overseas investors. The country's laws are focused on facilitating the economic growth and development of ...