Bahamas Legal Articles
Law related articles writen by lawyers
and experts witnesses practicing in Bahamas
A salutary lesson has emerged from the English Commercial Court - that contractual parties involved in a dispute must discuss the issues before arbitration.
Parties to commercial leases should appreciated and understand the extent of their rights and responsibilities to commercial landlords, to minimize the risk of disputes.
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.
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.
February 12, 2015 By Parris Whittaker, Attorney at Law
Is it ever acceptable to be dishonest in the course of a shipping insurance claim?
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.
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.
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.
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).
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.
November 10, 2014 By Parris Whittaker, Attorney at Law
How will the courts interpret shipping insurance clauses, particularly typhoon and storm warranties?
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.
The practical effect of indemnity provisions in commercial contracts is dependent upon the detail in their drafting, an important ruling has confirmed.
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 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.
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).
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.
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.
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.
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.
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.
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.
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.
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 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
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.
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.
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.
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.
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.
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.
If you are interested in residing in The Bahamas on an annual basis, applying for an Annual Residence Permit may be the more efficient means of acquiring this right.
The Bahamas is also an established corporate and financial hub which is regularly used by both private individuals and corporate entities as a vantage point for their financial portfolio. Often recognized for its proximity to North America and for its number of professionals involved in the corporate and financial industry, investors worldwide often choose The Bahamas as their financial centre of the western hemisphere.
A traveling agent conducting business physically within The Bahamas on behalf of a corporate entity will require a Sales Representative Permit, which is granted by the country’s Department of Immigration.
The archipelago’s immigration policy remains that no expatriate may be offered a position that a suitably qualified Bahamian is able to fill. Whenever there is a job position, the Bahamian should be given the position in preference to anyone and that the Bahamian must be given that job on the same terms and conditions as his expatriate counterpart.
In The Bahamas, PTCs have become a preferred tool in the structuring of the estate and inheritance planning needs of families with substantial wealth. They may also provide successful entrepreneurs with significant advantages when structuring their participations.
For those within the international community who have a keen interest in living in Bahama paradise without committing themselves to marrying a Bahamian citizen, an investment in Bahamian real property may provide you with accelerated consideration for permanent residency in The Bahamas.
Information Required To Incorporate Under The International Business Companies Act