Civil Litigation and Alternate Dispute Resolution
Civil Litigation is a legal dispute or other matter involving you and someone else, which does not involve criminal action/prosecution.
Civil law therefore deals with the rights and duties of an individual towards another and how someone's actions can impede on the rights of another, actions are brought by a claimant and against a defendant. In general the burden of proof is upon the claimant who must prove their case ''on the balance of probabilities''.
Actions in a civil case are usually decided in either a Magistrate Court or Supreme Court. There is usually a lower burden of proof than that within a criminal case. However it is not uncommon for a civil case to be settled without the need to proceed with court action which determines the matter to be settled expeditiously with minimal costs.
Our lawyers are highly experienced in this field and are assisted by our principal consultants. We cover a comprehensive range of Magistrate Court and Supreme Court claims and defences. However we realise that the court process is lengthy and very costly and we often have more creative and less expensive ways of resolving disputes.
We represent companies, partnerships, sole traders, other organizations and individuals at trials, hearings, arbitration and mediation before administrative agencies, tribunals, and local courts throughout the Islands of The Commonwealth of The Bahamas.
We take pride in the quality of the work and assistance we provide and this is demonstrated by our very high success rates achieved in cases that we take on.
The following are examples of work which we deal with:
Landlords and tenants disputes including rent arrears, repossessions, dilapidations/repairs, boundary/building disputes, disputes with neighbours, service charge disputes with landlords or managing agents, mortgage-related disputes and title disputes including quieting titles.
Supreme court actions such as injunctive proceedings, and breaches of contract in the Labour Dispute or Tribunal Hearing, whistle-blowing cases, discrimination, unfair, and wrongful dismissal cases.
Contract and Commercial disputes
Examples include the purchase of goods/services or for more complex partnerships and commercial transactions, ‘after contract’ disputes such as consumer credit/hire purchase agreements and claims against insurers.
We aim to recover monies as quickly as possible with interest at the highest rate, issuing court proceedings, enforcement of debts (whether by obtaining charging orders, attachment of earnings or warrants in the Magistrate Courts or Supreme Courts). We also deal with individuals who owe monies to organizations and or persons.
Whether you are an individual or business not able to pay your debts, or if you are a creditor wishing to take bankruptcy or winding up action to recover your debts, we can advise you on the options available to take or avoid these actions.
Our litigation team can assist with all aspects of construction disputes, including (but not limited to):
- Building and Engineering Contracts: The obligations and duties of employers, main contractors and sub-contractors
- Duties & liabilities of Construction Professionals (architects, engineers and surveyors), their Remuneration & Conditions of Engagement
- Payment and other Certificates
- Repudiation & Determination Claims
- Claims for non-completed and defective work.
- Delay and Loss & Expense claims.
- Novation, Assignments & Third Party Rights
- Liability in tort, for negligence including misstatement and economic loss claims. Claims in nuisance arising out of or associated with building works for physical damage, noise, dust and disruption
- Breach of Statutory Duty arising under the Building Regulations, the Construction (Design and Management) Regulations, the Occupiers’ Liability Act, Defective Premises Act, the Control of Pollution Act and the Party Walls etc
Professional Negligence & Liability Claims
Members of the firm's litigation team can assist you in claims arising from breaches of duties and obligations in contract and tort of professionals (architects, accountants, auditors, engineers, financial, insurance brokers, medical practitioners, solicitors, surveyors, valuers and other Professionals) including (but not limited to) the following:
- Conditions of Engagement of Professionals
- Fiduciary duties of Professionals
- Duties of Confidentiality & Copyright
- The duties and responsibilities of a Professional acting as an Expert Witness. Expert witness immunity
- The duties and responsibilities of a Professional acting as a adjudicator, an arbitrator or a mediator.
- Professional Discipline
- Professional Indemnity Insurance
Members of the team are regular contributors to Chambers’ ongoing accredited seminar programme and can deliver bespoke in-house training to Lawyers and other professional bodies upon request.
A Civil Dispute can require immediate action to prevent the matter from unnecessarily escalating in both time and costs. We therefore aim to arrange an appointment for you to see our specialist attorney the same day and provide you with advice to assist in dealing with the matter in the quickest and most cost effective manner.