BAHAMAS Law and Practice Contributed by: Adrian Hunt and Gabrielle Rahming, Graham Thompson
of the claim form is deemed to have been effected, and such service shall be deemed to be good service. However, where any method of service specified in an order for service by alternative method is subsequent - ly shown to be contrary to the law of the country in which the claim was purportedly served, such service shall be invalid. An order for service by an alternative method can be made only where none of the methods provided in an order for service by an alternative method can be made only where none of the methods provided has been successfully adopted, including of course ser - vice by a method permitted by the law of the country in which the claim form or document is to be served. Court’s power to dispense with service The court may also dispense with service of a claim form in exceptional circumstances. An application to dispense with service may be made without notice at any time and must be supported by affidavit evidence. The court’s power to dispense with service can be exercised retrospectively as well as prospectively. The method of enforcement will generally depend on the nature of the judgment. Except where an enact - ment or rule provides otherwise, a person who has obtained or is entitled to enforce a judgment or order (“judgment creditor”) may pursue multiple methods of enforcement that are available, concurrently or sequentially. Methods of Enforcing Judgments or Orders Under CPR Rule 43.11, the judgment creditor may enforce a judgment or order for the payment of money by any of the following methods: • a writ of fieri facias (writ of execution) or warrant of execution under CPR Part 48; • a third-party debt order under CPR Part 45; • in relation to securities, a charging order, stop order or stop notice under CPR Part 47; 5. Enforcement 5.1 Methods of Enforcement
• in relation to land, by a fixed date claim to enforce the equitable charge created by Section 63 of the Supreme Court Act (Chapter 53) under Part 50; • the appointment of a receiver under CPR Part 53; or • a writ of sequestration under CPR Part 50. Enforcement of Judgment for Possession of Land Under CPR Rule 50.1, a judgment or order for the giv - ing of possession of land may be enforced by: • writ of possession; • an order of committal (where CPR Rule 50.3 applies); or • writ of sequestration. Leave of the court is generally required to issue a writ of possession to enforce a judgment or order for the giving of possession of any land, except where the judgment or order was given or made in a mortgage action. The court will not grant leave unless it is shown that every person in actual possession of the whole or any part of the land has received notice of the pro - ceedings sufficiently enabling him or her to apply to the court for any relief to which they may be entitled. Enforcement of Judgment for Delivery of Goods A judgment or order for the delivery of any goods that does not provide the alternative of paying the assessed value of the goods may be enforced by: • writ of delivery to recover the goods without alter - native provisions for recovery of their assessed value (“writ of specific delivery”); • an order of committal; or • writ of sequestration. Enforcement of Judgment To Do or Abstain From Doing Any Act Where a person (i) required by a judgment or order to do an act within a time specified in the judgment or order refuses or neglects to do it within that time, or, as the case may be, within that time as extended or abridged under these Rules or (ii) disobeys a judgment or order requiring him or her to abstain from doing an act, then, subject to the provisions of these Rules, the judgment or order may be enforced by:
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