BAHAMAS Law and Practice Contributed by: Richard Horton and Emma Van Wynen, Alexiou, Knowles & Co.
The claims that may be limited are for death, personal injury, property loss or damage, etc. A limitation fund may be constituted either before or after any legal proceedings are instituted in respect of claims subject to limitation in the Supreme Court. The claim to establish the fund is brought by state - ment of claim in the Supreme Court, which must be served on at least one potential claimant. The action is in personam and service may therefore be effected out of the jurisdiction if necessary. The fund must be constituted in a sum equal to the total maximum liability permitted for that casualty, cal - culated according to: • the ship’s gross tonnage; and • the formulae for special drawing rights limits for damage to property and persons, (which is then converted into dollars by reference to the conver - sion rate set by the International Monetary Fund, and the Bahamas Central Bank may provide a certificate proving the relevant rate as a matter of conclusive evidence); plus • interest at 6% calculated from the date of the casualty to the date of constituting the fund. The fund may be constituted either by depositing the sum in the Supreme Court, or by producing a suitable guarantee. Within seven days after a defendant acknowledges service, or within seven days after the time limited for acknowledging service, the claimant must issue an interlocutory application before a Supreme Court registrar asking for a decree limiting the claimant’s liability, or for directions as to the further proceed - ings in the action. Defendants may dispute the limit sought by the claimant, which would be determined by a Supreme Court judge. 3.6 Seafarers’ Safety and Owners’ Liability The Maritime Labour Convention, 2006 (MLC) is in force throughout The Bahamas and has been imple - mented into domestic law through the Merchant Ship - ping (Maritime Labour Convention) Regulations. The MLC establishes minimum international standards
for the working and living conditions of seafarers on Bahamian-flagged vessels, including: • employment terms and conditions, including con - tracts, wages and hours of work/rest; • accommodation, recreational facilities, and food and catering standards; • medical care and health protection, including access to onboard medical facilities and shore- based medical services; • training, certification and qualifications of seafar - ers; and • welfare and social security protections, including repatriation rights and financial security for aban - donment or injury. In addition to the MLC regulations, the Merchant Ship - ping Act (which governs crew agreements, discharge procedures, and enforcement of seafarer contracts laws) also provides protections for seafarers.
4. Cargo Claims 4.1 Bills of Lading
The Hague Rules apply to bills of lading and cargo carriage from any port in The Bahamas to any other port (whether in The Bahamas or not), as enacted by
the Carriage of Goods by Sea Act 1926. 4.2 Title to Sue on a Bill of Lading
Title to sue on a bill of lading in The Bahamas follows common law principles. There is no Bahamian equiva - lent of the UK Carriage of Goods by Sea Act 1992. Shippers, consignees and lawful holders may sue, depending on the facts. Assignments of rights are recognised, but must be proved – they are not automatic. 4.3 Ship-Owners’ Liability and Limitation of Liability for Cargo Damages Whether the ship-owner is sued as carrier or actual carrier, its liability for cargo damages turns on breach of the following non-delegable duties.
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