Metta MacMillan-Hughes | Partner

With the benefit of over 25 years experience in commercial, civil and international litigation Metta has a well established litigation practice. She regularly appears before the Supreme Court and Court of Appeal and has earned a reputation amongst its judiciary for “excellent” and “thorough” submissions. She has also appeared before the Privy Council in the UK.

Metta studied law at Birmingham University in the U.K. where she graduated with a Bachelor of Laws with Honours in 1983. She was admitted to the local Bar of England and Wales in 1984 following which she worked in litigation at Lovells and took a pupilage at 4, New Square. She was called to the Bahamas Bar in 1986 and has practiced in The Bahamas since then.

She is accustomed to and enjoys working with international teams in multi-jurisdictional matters and has been involved in many high profile cases.

Some of the areas of practice in which she has developed particular expertise include Commercial & Civil litigation; Insolvencies; Bank & Trust Litigation; Proceeds of Crime & Mutual Legal Assistance proceedings; Insurance litigation; and Matrimonial law.

Metta is regularly invited to speak on various topics; her most recent speaking engagements in 2012 being to the Bahamas Financial Services Board members on the recent legislative recognition given to Berkeley Applegate Orders under the new Bahamian insolvency regime.

She is a member of the Bahamas Bar and sits on its Ethics Committee and the Bench/Bar Committee; a member of the local Bar of England & Wales and of Gray's Inn;  a Fellow of the International Academy of Matrimonial Lawyers and a member of the Chartered Institute of Arbitrators.

Married with 3 boys she combines a busy practice with a full family life. She maintains an active interest in the prevention of animal cruelty in the Bahamas (participating in drafting the revised licenses for captive dolphins and legislation relative to Animal Cruelty and Dangerous Dogs) and in local environmental protection causes.  With a keen rugby player in the family she also lends her full support to the promotion and development of Rugby in the Bahamas.

In the Matter of Dominion Investments (Nassau) Limited (In Liquidation)(on-going). Advising and appearing  for the Liquidator of a financial services company whose   beneficial owner was charged and convicted of money laundering offences, resulting in proceedings to set aside Restraint & Production Orders against its accounts in the  Bahamas & Canada; determination of whether and if so in what manner trust funds could be utilized to meet costs incurred in the liquidation, and resulting in the first  decision of the Bahamian Courts on this issue.

In the Matter of Suisse Security Bank & Trust (In Liquidation) (on-going). Acting for a fiduciary creditor in proceedings against the Liquidator to recover in excess of $10 million.

In the Matter of the Bankruptcy of Sheikh Fahad Mohammed Al-Sabah (on-going). Advising and appearing on behalf of the major creditor, Grupo Torras S.A. a subsidiary of the Kuwait Investment Office and subsequently the Trustee in Bankruptcy and most recently advising on the right of a major creditor to intervene by way of appeal in bankruptcy proceedings by which it is affected.

Deloitte & Touche Inc., Trustee of the Estate of Bre-X Minerals, a Bankrupt v Jeanette Walsh et al. Advised and appeared for the Trustee in connection with a Mareva Injunction and ancillary orders before the Court of Appeal and Privy Council securing judgment in the Trustee's favour in each instance.

In re M Bank. Advising Trustee in Bankruptcy of its rights to enforce Judgment against IBC and its assets in the Bahamas.

Securities Commission of the Bahamas v Alastair-Prescott Ltd and others. Advising and appearing in the Supreme Court and the Court of Appeal for the former Receiver of 36 International Business Companies which had illegally operated as Mutual funds and securing Judgment in both instances in favour of the Receiver.

The Tenesheles Trust, Hawthorne Family of Funds & Nancy Lake v BDO Mann Judd et al. Advising and appearing for BDO Mann Judd and the former Receiver in defence of claims of conspiracy; professional negligence; breach of fiduciary duty etc. made against them and securing an Order striking out the entire action against them and precipitating the amendment of the International Business Companies legislation.

In the Matter of the Mutual Legal Assistance (Criminal Matters) Act 1998; In the Matter of the Criminal Justice (International Co-Operation) Act 2000 Hawthorne Sterling Financial Consultants & Publishers et al v Carl Bethel et al (on-going). Advising and appearing for former Receiver in connection with claims against him in relation inter alia to his compliance with orders for Production made against companies of which he was the receiver.

G. Ben Thompson v Callenders & Co. & Americas International Bank Corporation Limited et al (on-going). Advising and appearing for the Liquidator of Americas International Bank Corporation Limited in respect of claims involving the Estate of the late Anna Nicole Smith.

In the Matters of: The Criminal Justice (International Co-Operation) Act; The Banks & Trust Companies Regulation Act; The Proceeds of Crime Act; The Attorney-General v General Sani Abacha et al (on-going). Advising and appearing before the Supreme Court, Court of Appeal and pending before Privy Council, for a Private Investment Bank who incurred costs in protecting its customers' interests by securing a stay of the Production Orders in respect of the subject customers' confidential records, a discharge of the Restraint Orders over a substantial proportion of the customers' accounts and obtaining a variation of the Restraint Orders over some $70 million funds so as to meet its costs incurred in connection therewith.

RHS Ventures (GP) CA, Ltd et al v Plainfield Asset Management LLC et al. Acting and appearing for Plainfield Asset Management LLC and others in a Partnership dispute over control of a resort development in which the Hedge Fund had invested over $100 million, involving injunctions, declaratory relief  and related issues of access to partnership books and records.

Gillian Payne v Strand Investments Ltd & Cafferata & Co (on-going). Advising and appearing for Plaintiff in action for breach of trust; knowing assistance and receipt; breach of fiduciary duty; conspiracy to defraud; and restitution.

CN et al v The E Trust & The Estate of RN (Settled). Advising and appearing for Widow and her child in connection with their multi-million claim against the Estate of the late Husband, involving the effect of a Texan pre-nuptial agreement ratified post-marriage and of the Bahamian Inheritance Act, 2002.

W v W (on-going). Advising and appearing for Wife of multi millionaire in divorce proceedings and on her ancillary relief claims involving the effect of a foreign Pre-Nuptial Agreement; Inherited assets; foreign proceedings; provision for ongoing legal fees in award of maintenance pending suit; property distribution; child custody and access. Securing, inter alia, a Mareva Injunction and ancillary disclosure and production orders and delivery to the Court of title deeds.

A v A (on-going). Advising and appearing for Wife in connection with proceedings brought under the International Child Abduction Act in the UK and divorce proceedings in the Bahamas.

Finco v. E.V. Douglas-Sands & Lloyd's Underwriters (on-going). Representing Insurers in defence of Professional Indemnity claim on grounds of Insured's breach of duty of good faith, warranty, and notification obligations.

In the Matter of the Bankruptcy of Sheikh Fahad Mohammed Al-Sabah (on-going). Advising and appearing on behalf of the major creditor, Grupo Torras S.A. a subsidiary of the Kuwait Investment Office and subsequently the Trustee in Bankruptcy and most recently advising on the right of a major creditor to intervene by way of appeal in bankruptcy proceedings by which it is affected.

Deloitte & Touche Inc., Trustee of the Estate of Bre-X Minerals, a Bankrupt v Jeanette Walsh et al. Advised and appeared for the Trustee in connection with a Mareva Injunction and ancillary orders before the Court of Appeal and Privy Council securing judgment in the Trustee's favour in each instance.

In re M Bank. Advising Trustee in Bankruptcy of its rights to enforce Judgment against IBC and its assets in the Bahamas.

Securities Commission of the Bahamas v Alastair-Prescott Ltd and others. Advising and appearing in the Supreme Court and the Court of Appeal for the former Receiver of 36 International Business Companies which had illegally operated as Mutual funds and securing Judgment in both instances in favour of the Receiver.

The Tenesheles Trust, Hawthorne Family of Funds & Nancy Lake v BDO Mann Judd et al. Advising and appearing for BDO Mann Judd and the former Receiver in defence of claims of conspiracy; professional negligence; breach of fiduciary duty etc. made against them and securing an Order striking out the entire action against them and precipitating the amendment of the International Business Companies legislation.

In the Matter of the Mutual Legal Assistance (Criminal Matters) Act 1998; In the Matter of the Criminal Justice (International Co-Operation) Act 2000 Hawthorne Sterling Financial Consultants & Publishers et al v Carl Bethel et al (on-going). Advising and appearing for former Receiver in connection with claims against him in relation inter alia to his compliance with orders for Production made against companies of which he was the receiver.

G. Ben Thompson v Callenders & Co. & Americas International Bank Corporation Limited et al (on-going). Advising and appearing for the Liquidator of Americas International Bank Corporation Limited in respect of claims involving the Estate of the late Anna Nicole Smith.

In the Matters of: The Criminal Justice (International Co-Operation) Act; The Banks & Trust Companies Regulation Act; The Proceeds of Crime Act; The Attorney-General v General Sani Abacha et al (on-going). Advising and appearing before the Supreme Court, Court of Appeal and pending before Privy Council, for a Private Investment Bank who incurred costs in protecting its customers' interests by securing a stay of the Production Orders in respect of the subject customers' confidential records, a discharge of the Restraint Orders over a substantial proportion of the customers' accounts and obtaining a variation of the Restraint Orders over some $70 million funds so as to meet its costs incurred in connection therewith.

RHS Ventures (GP) CA, Ltd et al v Plainfield Asset Management LLC et al. Acting and appearing for Plainfield Asset Management LLC and others in a Partnership dispute over control of a resort development in which the Hedge Fund had invested over $100 million, involving injunctions, declaratory relief  and related issues of access to partnership books and records.

Gillian Payne v Strand Investments Ltd & Cafferata & Co (on-going). Advising and appearing for Plaintiff in action for breach of trust; knowing assistance and receipt; breach of fiduciary duty; conspiracy to defraud; and restitution.

CN et al v The E Trust & The Estate of RN (Settled). Advising and appearing for Widow and her child in connection with their multi-million claim against the Estate of the late Husband, involving the effect of a Texan pre-nuptial agreement ratified post-marriage and of the Bahamian Inheritance Act, 2002.

W v W (on-going). Advising and appearing for Wife of multi millionaire in divorce proceedings and on her ancillary relief claims involving the effect of a foreign Pre-Nuptial Agreement; Inherited assets; foreign proceedings; provision for ongoing legal fees in award of maintenance pending suit; property distribution; child custody and access. Securing, inter alia, a Mareva Injunction and ancillary disclosure and production orders and delivery to the Court of title deeds.

A v A (on-going). Advising and appearing for Wife in connection with proceedings brought under the International Child Abduction Act in the UK and divorce proceedings in the Bahamas.

Finco v. E.V. Douglas-Sands & Lloyd's Underwriters (on-going). Representing Insurers in defence of Professional Indemnity claim on grounds of Insured's breach of duty of good faith, warranty, and notification obligations.

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