Litigation 2025

BAHAMAS Law and Practice Contributed by: John F. Wilson KC and Adrienne N. Bellot, McKinney, Bancroft & Hughes

9.3 Pre-judgment and Post-judgment Interest The Civil Procedure (Award of Interest) Act, Ch 80, provides that the court may, if it thinks fit, order that there be included in the sum of judg- ment interest at the rate it thinks fit on any part of the damages awarded or the entire sum of the damages awarded. The interest awarded can be for the whole or any part of the period from the date when the action arose to the date of judg- ment. It is in the court’s discretion. Post-judgment interest accrues on the full judg- ment debt and accrues annually until paid. 9.4 Enforcement Mechanisms of a Domestic Judgment The following mechanisms are available for the enforcement of a domestic judgment: • warrant of execution; • in relation to securities, a charging order, stop order or stop notice; • in relation to land, a fixed date claim form to enforce the equitable charge; • appointment of a receiver; and • writ of sequestration. 9.5 Enforcement of a Judgment From a Foreign Country The Reciprocal Enforcement of Judgments Act, Ch 77, facilitates the enforcement of judgments, orders and awards in The Bahamas. However, the Act only applies to judgments and orders from Barbados, Bermuda, Jamaica, Leeward Islands, St. Lucia, Trinidad, British Guiana, Brit- ish Honduras, Australia, and the United King- dom. Judgments and orders obtained in other countries must be enforced by commencing a new action in The Bahamas for the purpose of enforcing that foreign judgment/order.

reflected on the filed consent order settling the proceedings. 8.3 Enforcement of Settlement Agreements The consent order, which contains the terms of the agreement, can be enforced. 8.4 Setting Aside Settlement Agreements Consent orders often contain a provision for “lib- erty to apply” which provides for the parties to return to court to have the terms of the consent order varied. 9. Damages and Judgment 9.1 Awards Available to the Successful Litigant The awards typically available to a successful litigant who obtains judgment in his/her favour would vary depending on the remedies claimed in the action. These remedies can range from an award of damages, a declaration, an order for an accounting, and an injunction. All the foregoing remedies would be available after the conclusion of a full trial. 9.2 Rules Regarding Damages Punitive damages apply in certain cases of dam- ages. For example, exemplary damages are available in circumstances where it is appropriate to punish the defendant for outrageous behav- iour and deter him/her or others from repeating it. There is some overlap between exemplary and aggravated damages, but the recovery of both is duplicitous and strictly prohibited. There are no rules limiting maximum damages.

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