BAHAMAS Law and Practice Contributed by: John F. Wilson KC and Adrienne N. Bellot, McKinney, Bancroft & Hughes
1. General 1.1 General Characteristics of the Legal System The Bahamas’ legal system is based on the common law adversarial model. Trials and hear- ings are heard orally, with written submissions used to supplement the oral arguments. 1.2 Court System There is a single court system, comprised of three levels: • the Magistrate’s Court, which can be catego- rised as a small claims court in respect of civil matters; • the Supreme Court; and • the Court of Appeal. The highest appellate court is the Privy Council, which sits in the UK. The Supreme Court com- prises divisions, including criminal, common law and equity, commercial, family, and probate. 1.3 Court Filings and Proceedings Generally, court filings and proceedings are open to the public. However, the court may, in special circumstances, order that proceedings be held in camera and/or files sealed upon the application of a party if it determines that the reasons for such privacy justify bypassing the open justice principle. 1.4 Legal Representation in Court Legal representatives are required to be called to The Bahamas Bar for audience before the court. The Bahamas Bar is closed, which means that only citizens of The Bahamas are qualified to be called to the Bar save where the person is appointed to a legal post or has been granted special admission. The Bar Council may grant
special permission for foreign lawyers to prac- tise. This special admission is usually temporary.
2. Litigation Funding 2.1 Third-Party Litigation Funding In theory, third-party funding is not available. However, where the funder has a legitimate inter- est in the outcome of the subject matter, third- party funding is permitted. 2.2 Third-Party Funding: Lawsuits Third-party funding is available for any type of lit- igation provided that the funder has a legitimate interest in the outcome of the subject matter. 2.3 Third-Party Funding for Plaintiff and Defendant Both the plaintiff and the defendant can benefit from third-party funding. 2.4 Minimum and Maximum Amounts of Third-Party Funding There is no minimum or maximum amount a third-party funder will fund. 2.5 Types of Costs Considered Under Third-Party Funding This is not applicable in the jurisdiction. 2.6 Contingency Fees Contingency fees are prohibited. 2.7 Time Limit for Obtaining Third-Party Funding Time limits do not apply to third-party funding of litigation.
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