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Arbitration Clauses: Do They Trump Other Requirements?

  July 22, 2015     By Parris Whittaker, Attorney at Law
A recent ruling in the UK’s High Court highlights the importance of arbitration clauses and agreements in commercial disputes, and clarifies when they take precedence.

Commercial Contracts: Implied Terms

  July 16, 2015     By Parris Whittaker, Attorney at Law
No term would be implied into a contract, requiring a bank to use reasonable care to obtain the best price it could when asserting its right of forced sale of a limited partnership, the UK’s High Court has said.

Accessory Liability and ‘Common Design’

  July 8, 2015     By Parris Whittaker, Attorney at Law
A recent ruling in the UK Supreme Court has helped to shed light on the complex issue of accessory liability and the principle of ‘common design’. The case of Sea Shepherd UK v Fish & Fish Limited 2015 UKSC began in 2010, when a fish farm operator was transporting live Bluefin tuna.

Commercial Contracts: Breach of Warranty

  July 1, 2015     By Parris Whittaker, Attorney at Law
Claims under a contractual warranty must fully comply with procedures set out in commercial contracts – including where a limitation period is imposed on warranty claims. The UK courts have recently upheld restrictions on warranty claims relatively strictly against purchasers. In a recent case, the purchasers under a commercial contract were time barred from making a claim when a dispute arose.

Non-Payment of Hire

  June 25, 2015     By Parris Whittaker, Attorney at Law
In the complex and fast-paced world of the maritime and shipping industry, serious issues can arise regarding the terms of a charter – including non-payment of fees. If you are experiencing difficulties with delayed payments, whether as a vessel owner or a chartering party, you need swift, expert legal advice.

Shipping Contracts: Interpreting the Terms

  June 17, 2015     By Parris Whittaker, Attorney at Law
The Supreme Court in the UK has recently considered a case which demonstrates the complexities that can arise from the interpretation of a contract. The judges examined the extent to which parties have the contractual power to form an opinion, and affirmed the need for decisions by contractual fact-finders to be reasonable.

Adjudication Agreements: When are they Legally Binding?

  June 15, 2015     By Parris Whittaker, Attorney at Law
The UK courts have ruled in an important case involving adjudication agreements, affirming the commercial reality that clear drafting of contract documentation is critical.

Commercial Contracts: Duty of Good Faith

  June 12, 2015     By Parris Whittaker, Attorney at Law
When will the parties to commercial contracts be legally required to act honestly and with integrity? A recent ruling of the UK’s High Court makes clear when the obligation to act honestly and with integrity will be implied into a commercial contract. The court was required to consider in what circumstances a requirement to act honestly and with integrity would become an implied term of a commercial contract and, furthermore, what behavior would trigger a breach of that obligation.

Commercial Contracts: Beware Signature Blocks

  June 1, 2015     By Parris Whittaker, Attorney at Law
Correct execution of commercial contracts is an important step to ensure the terms of the contracts are legally binding on the parties. How will the courts decide whether or not a contract is binding where there is a dispute over how the contract terms have been accepted - other than with a signature in the contract itself? A recent ruling of the High Court in the UK provides useful guidance to commercial lawyers and their clients on the signing of legal documents.

Compulsory Marine Liability Insurance

  May 28, 2015     By Parris Whittaker, Attorney at Law
If you are involved in the maritime and shipping industry, you will be only too familiar with the wealth of legislation and regulation with which you are obliged to comply. When it comes to business at sea and in port, it is essential to ensure that you are fully compliant in order to protect you, your employees, your clients and your business.

Duty of Care: A Professional Consultant’s Duty to Warn

  May 26, 2015     By Parris Whittaker, Attorney at Law
Parties to commercial contracts owe various contractual duties to each other according to the terms of the contract. But what is the duty of care of a professional consultant to others, for instance, to warn of potential construction problems where there is a risk to others or property?

Shipping Contracts: Affirming the Contract

  May 22, 2015     By Parris Whittaker, Attorney at Law
A recent High Court judgment in the UK highlights the difficulties that can arise when unexpected problems strike. In the case of MSC Mediterranean Shipping Company1, the courts looked at the implications of a party who, when faced with potential repudiation, chose instead to affirm a contract and claim demurrage charges.

Shipping Contract Disputes

  May 8, 2015     By Parris Whittaker, Attorney at Law
A recent contract dispute demonstrates the need to secure expert shipping law advice as soon as possible, particularly if the contract in question contained a jurisdiction clause, which can affect both the outcome of the case and any damages awarded.

Documents Mistakenly Disclosed: Litigation Privilege

  May 8, 2015     By Parris Whittaker, Attorney at Law
When will the courts disallow the use of documents that have been fraudulently or mistakenly obtained? A recent case in the UK has given useful guidance on when ‘privileged’ documents could be used in the course of litigation.

Valuation: Duty of Care to Investors

  May 8, 2015     By Parris Whittaker, Attorney at Law
What is the extent of a valuer’s duty of care to an investor? The UK courts have considered this issue, which is of particular importance to the property and financial sectors, surveyors, and other experts.

Copyright and Licensing: When is Copyright Infringement Not Infringement?

  May 8, 2015     By Parris Whittaker, Attorney at Law
The High Court in the UK recently considered whether a company should pay damages for copyright infringement and/or breach of contract where software was used without consent.

Shipping Arbitration Agreements

  May 8, 2015     By Parris Whittaker, Attorney at Law
Drawing up effective contracts is an essential part of carrying out a thriving and successful shipping business. But even with the best intentions and the most rigorously drawn up agreements, contentious issues may arise.

Fraudulent Misrepresentation: Be Truthful When Selling Property

  May 8, 2015     By Parris Whittaker, Attorney at Law
A cautionary tale from the UK courts has emerged concerning fraudulent misrepresentations made to the purchasers during a property sale – leading to a substantial damages award.

Commercial Disputes: When Discussions before Arbitration are Required

  February 13, 2015     By Parris Whittaker, Attorney at Law
A salutary lesson has emerged from the English Commercial Court - that contractual parties involved in a dispute must discuss the issues before arbitration.

Implied Contract Terms: Leases and Rent Refunds

  February 13, 2015     By Parris Whittaker, Attorney at Law
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes.

Maritime and Shipping Disputes: Claiming Losses

  February 13, 2015     By Parris Whittaker, Attorney at Law
If you are involved in the maritime and shipping industry, you will be only too aware of how swiftly you can sail into legal hot water.

When is a Company Director Not a Director? The Risks of Acting as a Director

  February 13, 2015     By Parris Whittaker, Attorney at Law
Companies must take great care that senior company personnel avoid undertaking acts that mean they could be treated as directors for the purposes of the law. This may result in adverse implications for both the company and the individual concerned. The expert company lawyers at Bahamas firm ParrisWhittaker are highly experienced in providing full service legal advice to companies including in relation to directors and their duties and liabilities.

Shipping and Insurance: Honesty in Claims

  February 12, 2015     By Parris Whittaker, Attorney at Law
Is it ever acceptable to be dishonest in the course of a shipping insurance claim?

Subject to Contract? Emailed Negotiations

  February 12, 2015     By Parris Whittaker, Attorney at Law
Businesses should be aware of the risks of informal communications such as emails and conversations whilst negotiating commercial agreements.

The Cargo Transport Units Code of Practice – What Does it Mean for You?

  January 5, 2015     By Parris Whittaker, Attorney at Law
A new Code of Practice aims to increase safety and security in the working environment in dock and on board ship – and helps shipping, cargo and haulage companies understand their liabilities and responsibilities when it comes to packing and transporting cargo.

Shipping and Maritime: Costs Following Hijacking of Vessels

  December 12, 2014     By Parris Whittaker, Attorney at Law
A vessel was hijacked in the Gulf of Aden by Somali pirates. Unfortunately for cargo owners and insurers, the High Court in the UK has ruled that additional classes of expense - including wages paid to crew, and bunkers consumed during the period of the hijack - could be recovered by ship owners from cargo interests.

Commercial Disputes: Challenging Expert Reports

  December 11, 2014     By Parris Whittaker, Attorney at Law
In what circumstances can a party to a commercial contract challenge an expert’s report? The UK’s Court of Appeal has handed down an important ruling in a case in which it examined the relevant principles that apply when a party challenges an expert’s report(1).

Commercial Disputes: Specific Performance

  December 10, 2014     By Parris Whittaker, Attorney at Law
If a party to a commercial contract is in breach of its obligations, the court may order specific performance – but not necessarily. In a recent case(1), the UK’s Technology and Construction Court (TCC) considered the circumstances in which the court will order specific performance of a contractual obligation.

Shipping Insurance and Reinsurance Clauses

  November 10, 2014     By Parris Whittaker, Attorney at Law
How will the courts interpret shipping insurance clauses, particularly typhoon and storm warranties?

Passing Off: What’s in a Name?

  November 5, 2014     By Parris Whittaker, Attorney at Law
Commercial disputes increasingly involve copyright and patent issues, reflecting the high value attached to the intellectual property of a business.

Commercial Indemnity Provisions: The Devil’s in the Detail

  October 17, 2014     By Parris Whittaker, Attorney at Law
The practical effect of indemnity provisions in commercial contracts is dependent upon the detail in their drafting, an important ruling has confirmed.

Joint Ventures – Protecting with Contract Terms

  October 17, 2014     By Parris Whittaker, Attorney at Law
Joint ventures take many different forms but few have such an unusual background as a recent dispute involving what started as a simple agreement.

Construction Contracts – Don’t Let Work Get Ahead

  October 17, 2014     By Parris Whittaker, Attorney at Law
Construction cases often result in particularly valuable lessons for lawyers and commercial organisations alike who are involved in construction and property – particularly where work commences before the contract is finalised.

When Limitation Periods for Loss Claims Start

  September 22, 2014     By Parris Whittaker, Attorney at Law
When does a limitation begin to run? Limitation periods (also known as ‘prescriptive’ periods) are an important element in litigation. A claim will be out of time if it is not made within the limitation period and the claimant will not be able to take legal action (subject to strict exceptions).

The Advantages of Trading Through a Limited Company in the Bahamas

Is your business trading in the most cost effective way and is your legal status adequately protected? Choosing the best legal ‘vehicle’ through which to operate your business is perhaps the most important decision you can make as a business owner – particularly with the advice of an expert companies lawyer.

Have You Lost a Loved One After a Fatal Accident in an Industrial Accident or Traffic Collision - Bahamas

The media often covers the tragic death of someone at an industrial workplace, in a traffic collision or at sea. In June this year, a US cruise passenger drowned in the Bahamas during a cruise visit whilst snorkeling; and a Carnival passenger was killed last year on a jet ski rented in Nassau.

Age-Related Issues in Employment Situations in the Bahamas

Discrimination in the work place is often a high profile and issue, whether relating to sex, race, religion, disability or age. And it’s the issue of age and the potential for discrimination and unfairness in relation to redundancy and retirement that has recently attracted judicial attention. Whether you are an employee or an employer - if you have concerns relating to age discrimination in the workplace, contact our experience employment lawyers at Parris Whittaker for prompt advice.

Applying for a Mareva Injunction to Freeze your Debtor’s Assets in the Bahamas

Do you suspect there a risk your debtor will disperse his assets to frustrate a future judgment in your favour and prevent settling his debt? If the answer is ‘Yes’, you need urgent legal advice so that an application for a temporary injunction freezing those assets (a Mareva injunction) can be made to the court. The experienced commercial litigation lawyers at Parris Whittaker are experienced in successfully applying for Mareva Injunctions on behalf of our clients.

Maritime Liens and Ship Arrest by Crewmembers in the Bahamas

Shipping claims frequently require immediate, aggressive action. If you need urgent legal advice in relation to arrest of a vessel or exercising a maritime lien, our experienced maritime lawyers will take prompt action against the opposing party on your behalf. We have a wealth of expertise gained from years of experience acting for clients in The Bahamas - a major international transshipment center.

Defamation and the Internet in the Bahamas

A defamatory comment can destroy both a person’s character and professional reputation. But a ruined reputation can be salvaged with expert legal advice. Online defamation is a clearly damaging and untrue statement that is published online. The twenty first century internet has vastly multiplied the avenues through which comments are published and spread.

Security for Costs in Litigation - Bahamas

Are you defending a legal action, or do you anticipate court proceedings may be commenced against you in the near future? If so, you may be justifiably concerned that should you succeed in defending the claim you won’t get your costs back from the other party. The expert dispute resolution lawyers at Parris Whittaker can take prompt action on your behalf to protect your financial interests by obtaining an order for security for costs.

E-Business and E-Commerce in the Bahamas

The law has had to adapt and change to meet the needs and demands of businesses and consumers as modern technology has advance. And it will keep on changing as technology continues to develop. If you are considering setting up in business with a measure of reliance on the internet and associated technologies, you will need expert advice from lawyers experienced in e-business law.

Wills: Avoiding DIY Wills - Bahamas Probate Issues

None of us can avoid life’s eventual certainty of death, but you can avoid substantial problems arising on death by making a Will. One of the most important things you can do for your loved ones in relation to your assets is to make a Will - and to ensure your Will is properly drawn up. You will, of course, want to ensure your money and assets pass to your chosen beneficiaries; and you will need to adequately provide for your loved ones such as your spouse and children on your death.

Cruise Ship and Personal Injury Claims - Bahamas

Cruise accidents have hit the headlines a number of times in recent months. When the Costa Concordia ran aground near a Tuscan island in January, 32 people died, some were injured and two are still missing. In the same month, the MSC Poesia ran aground in shallow waters two miles off Grand Bahama. No one was reportedly injured but some suffered shock from the crash

The Advantages of Bahamas Immigration Status

Although mention of the Islands of The Bahamas will typically evoke images of sun sand and sea, these 700 sun-kissed cays mask an ever-increasing cache of often untapped resources. Like the sea creatures that choose these Islands as their playground, global citizens find The Bahamas alluring for more reasons than its friendly population, its easy-going way of life, and its appealing climate.

Acquiring Copyright - Bahamas

Copyright confers on the owner economic rights, for example, the right to grant an exclusive license to third parties of the rights of ownership such as reproduction, distribution, sale, rental, loan, display, and performance.

Trademark Registration in Bahamas

A Trademark is a distinctive sign, mark, or design such as a logo used in the branding of goods or services and is both visible and registrable.

Bankruptcy Laws in Bahamas

  By Lex Justis
The assertion that the Bahamas laws on bankruptcy may be used as a double edged sword can be derived from section 10 of the Bankruptcy Act 1870, whereby some level of protection is granted to an individual declared bankrupted.

Expected Closing Costs Associated with Real Estate Transactions in the Bahamas

  By Lex Justis
First time home buyers and even some foreign investors wishing to purchase real estate are always shocked at the additional or closing costs involved all throughout the transaction.

Trade Mark Registration

  By Lex Justis
Upon submitting the application for registration of the trade mark, the Registrar will furnish the applicant with an acknowledgment of the application and will then conduct a search of the existing registered approved trademarks and pending applications for registration in order to determine whether there are any trade marks on the Trade Mark Register that are for the same goods or whether there are identical trade marks to the trade mark being registered by the Applicant.



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