BAHAMAS Law and Practice Contributed by: John F. Wilson KC and Adrienne N. Bellot, McKinney, Bancroft & Hughes
4.7 Application/Motion Timeframe The timeframe within which the court will deal with interlocutory applications depends heavily on the court’s calendar. However, applications for proceedings already filed will usually be heard within six weeks of the application having been filed. In the case of an urgent application, the applicant’s attorney will file a certificate of urgency, explaining the urgency of the applica- tion. In this case, the application will be heard within two to seven days, depending on the degree of urgency. Under the Civil Procedure Rules 2023, which recently replaced the Rules of the Supreme Court, discovery has been replaced by disclo- sure. Disclosure is available in civil cases. Each party has a duty to disclose the documents that are or have been in its control. The standard of disclosure required is that each party is required to disclose all documents that are directly rel- evant to the matters in question in the proceed- ings. Disclosure is administered by the litigants. There are no mechanisms by which the scope and/or costs of the discovery process can be curbed. 5.2 Discovery and Third Parties 5. Discovery 5.1 Discovery and Civil Cases It is possible to obtain discovery from a third party via a Norwich Pharmacal Order (NPO). This is applicable in situations where an individual, inadvertently involved in the tortious acts of others, is obliged to assist the wronged party. Despite not being personally liable, they must provide complete information and disclose the identities of the perpetrators (Norwich Pharma- cal Co. v Commissioners of Customs and Excise [1974] AC 133). In order to obtain an NPO, the
party wishing to obtain the discovery must com- mence an action for this purpose. 5.3 Discovery in This Jurisdiction The general approach to disclosure is for par- ties to disclose all relevant documents in their possession. 5.4 Alternatives to Discovery Mechanisms There are mechanisms for disclosure. 5.5 Legal Privilege The Bahamas adheres to the concept of legal privilege, which safeguards confidentiality in legal proceedings. This means that any com- munications between a lawyer and their client, if made for the purpose of giving or receiving legal advice, remain shielded from public disclosure. This privilege extends equally to communication between in-house counsel and their employer, as long as the communication occurs within the context of legal advice. 5.6 Rules Disallowing Disclosure of a Document Legal privilege is the only exception to disclo- sure. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Injunctions may be awarded where the applicant has satisfied the court of the following: • there is a serious issue to be tried; • damages would not be adequate remedy; and • the balance of convenience lies with grant- ing the injunction (more prejudice would be caused by not awarding the injunction).
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