Litigation and dispute resolution requires a combination of legal acumen and real-world pragmatism. That’s why you can rely on our team to provide practical solutions to even the most complex problems.
Recommended by Chambers Global as a top tier team, we frequently represent clients in high profile cases in The Bahamas and beyond. Our offices span multiple jurisdictions and we work alongside leading international law firms in cross-border proceedings around the world.
Our litigation specialists have appeared on behalf of bank and trust companies, foreign governments, government agencies, multinational corporations and financial institutions, as well as private clients, domestic companies and individuals. Members of the team appear regularly at First Instance, Court of Appeal and Privy Council level.
Our team is passionate about serving your legal needs and offers expert advice across several key areas.
Areas of Focus
Given The Bahamas’ reputation as an offshore jurisdiction with low taxes, many wealthy foreign nationals seek to protect their assets by setting up international business companies and trusts in The Bahamas.
As the go-to firm in the territory for tracing and asset protection, we have extensive experience in unravelling complex shareholding structures and transactions. We are highly proficient at tracing debtors and their assets globally and have significant experience in identifying the beneficial owners of sham companies and structures.
Our team regularly works alongside investigators and attorneys around the world to trace judgment debtors’ property. We assist in investigating:
- The property of a judgment debtor
- Complex Trusts
- Shareholders and directorships of companies
- Sham companies and Trusts
- Assets hidden by ownership
- Fraudulent dispositions.
We are highly skilled in making the following interlocutory applications to help clients trace claims:
- Piercing the corporate veil
- Mareva Injunctions
- Injunctions
- Norwich Pharmacal orders
- Anton Piller orders.
Our team has a high success rate both in the enforcement of tracing claims and resisting such actions.
Recent Cases
We negotiated a settlement for a judgment creditor in Florida in a tracing claim in The Bahamas valued at $33 million.
As one of the most experienced firms in the region, clients worldwide often call on us for guidance on admiralty and shipping matters.
Our firm regularly advises and represents banks, lending institutions, ship-owners, cruise ships, private operators, insurers, private citizens and offshore contracting companies in admiralty disputes.
Our attorneys ppear before the Supreme Court, Court of Appeal and the Privy Council and advise clients upon the following areas of maritime law:
- Lending transactions
- Charterparty disputes
- Maritime accidents
- Arrest of ships
- Exercising liens
- Enforcement of security interests
- Foreclosures
- Damage to cargo
- Environmental damage
- Pollution
- Fatal accidents
- Personal injury
- Total or partial loss to goods
- Health and Safety at Work Act
- Employment disputes with crew
- Bill of lading disputes
- Marine Insurance
- Employer’s liability
- International law.
Lennox Paton has proven expertise in enforcing foreign judgments. We consistently represent clients in cross-border proceedings seeking to enforce foreign judgements or arbitral awards.
Our team is well versed in representing clients in the registration of foreign judgments under the statute and common law. In serving our clients, we also assist in the investigation of a judgment debtor’s assets by:
- Conducting asset searches
- Conducting company searches
- Conducting cause list searches
- Examination of the judgment debtors
- Initiating bankruptcy and winding up proceedings
- Applications for the sale of property
- Garnishee proceedings
- Charging orders
- The appointment of receivers
- Writs of fieri facias for the sale of goods
- Initiating committal proceedings.
We’re also highly skilled in making interlocutory applications to help clients enforce foreign judgements in the following ways:
- Piercing the corporate veil
- Mareva Injunctions
- Injunctions
- Norwich Pharmacal Orders
- Anton Piller Orders.
Recent cases
Recently, our firm acted for a judgement creditor in Florida in the enforcement of his judgment debt in The Bahamas valued in excess of $33 million. The judgment debtor was hiding his assets in an IBC in The Bahamas. Our team was able to negotiate a settlement for our client.
We provide robust advice and support to help clients navigate complex insolvency and restructuring matters. Widely acknowledged as a market leader in the region, we boast a knowledgeable team whose expertise has earned international recognition.
We act on behalf of receivers, creditors, administrative receivers, directors, trustees in bankruptcy, fiduciary claimants, liquidators, and companies in:
- Appointment of liquidators
- Appointment of receivers under a debenture or mortgage
- Voluntary liquidations
- Winding up proceedings
- Provisional liquidations
- Statutory demands
- Examination of relevant persons
- Investigations by liquidators
- Supervision orders
- Ancillary orders
- Fraudulent preferences.
Our team engages in complex cross-border proceedings and advises clients on local insolvency laws and ancillary proceedings with a Bahamian component. We are frequently retained by leading international firms on insolvency issues, including securing assets and enforcing judgements in The Bahamas and the British Virgin Islands (BVI).
Members of our team have achieved international renown for their expertise in insolvency and restructuring. Many are sought-after speakers at international conferences and respected contributors to leading legal journals. Our team also includes members of INSOL and other prestigious professional insolvency bodies.
Recent Cases
We successfully represented a mortgagee and a receiver in a landmark and globally high-profile insolvency decision concerning the Companies Winding Up Act in The Bahamas.
As a leading offshore jurisdiction, The Bahamas is the home or second home of many foreign nationals and boasts several of the world’s most prestigious residential communities.
We advise clients in relation to all areas of property litigation. Our highly skilled negotiators and advocates regularly act on behalf of major lending institutions in relation to various elements of the law. We also advise homeowners associations, home/condominium owners, mortgagees, landlords and tenants.
Our specialist team can advise you on:
- Enforcing security under debentures and mortgages
- Appointing receivers
- Exercising mortgagees’ right of power of sale
- Sale of land/condominiums
- Disputes in relation to title
- Distraining for rent
- Applications under Quieting Titles Act
- Compulsory acquisitions
- Applications for vacant possession
- Applications for eviction of tenants
- Applications for eviction of condominium owners
- Enforcement of positive covenants
- Enforcement of restrictive covenants
- Trespass
- Nuisance
- Boundary disputes
- Forfeiture
- Easements
- Recovery of rent and arrears.
Our attorneys often appear before the Supreme Court, Court of Appeal and the Privy Council in relation to complex property litigation.
Recent Cases
We acted on behalf of a developer and succeeded in having a highly contentious suit struck out.
Lennox Paton is one of the leading litigators in The Bahamas and BVI. We have a long-standing legacy of providing excellent representation on behalf of local and international insurance companies and re-insurers.
We offer a full range of insurance law services, regularly representing insurance companies and policyholders in:
- Personal injury claims
- Professional negligence
- Maritime claims
- Aviation claims
- Policy disputes
- Breaches of the insurance act
- Policy avoidance by insurers
- Interim payments
- Quantum of damages
- Life insurance claims
- Liability
- Contributory negligence
- Medical malpractice claims
- Health and safety at work cases.
We’re also highly skilled in advising clients on the captive insurance market and its products. Our attorneys regularly appear before the Supreme Court, Court of Appeal and the Privy Council in insurance disputes, with our experienced team consistently achieving favourable settlements.
Recent Cases
Our team acted for judicial managers who were appointed over an insurance entity under judicial management. We provided advice to the judicial managers in relation to all legal questions under the Insurance Act and common law.
We are well versed in trust and estate laws and advise clients on disputes related to breach of trust, administration of trusts, claims against estates by creditors, inheritance, succession, wills, pension funds, and investment loss.
Our attorneys are highly regarded for their deep-knowledge in complex trust matters and serve a number of high net-worth individual beneficiaries and trustees, fiduciaries and private wealth banks.
Recent Cases
We acted for judicial trustees who were appointed over discretionary trust of an internationally renowned family by the Supreme Court of The Bahamas. We regularly advise such judicial trustees in relation to any legal questions under the Trustees Act and common law.
Litigation and dispute resolution demand legal knowledge alongside and an appreciation for the practical realities of disputes.
Our experienced team is focused on providing practical solutions to complex problems. Clients benefit from our vast expertise in complex commercial litigation.
Members of our team regularly appear at First Instance, the Court of Appeal, and the Privy Council.
This depth of experience enables us to lead and coordinate complex multi-jurisdictional disputes. As a result, our proactive and responsive service is consistently recommended by Chambers Global.
Our highly-experienced team has substantial experience in employment law, advising both employers and employees. We represent local and multi-jurisdictional businesses and companies of all sizes on a diverse range of employment issues, including:
- Wrongful dismissal
- Terminations
- Redundancies
- Discrimination
- Equal pay
- Sexual harassment
- Recognition of unions
- Collective bargaining agreements
- Strike management
- Corporate acquisitions
- Preparation of employment contracts.
We are well equipped with the necessary negotiation skills and litigation strategies to provide practical solutions to all aspects of shareholder disputes, including:
- Breaches of fiduciary duties
- Conflicts of interest
- Derivative actions
- Minority shareholder rights
- Investment disputes.
We advise on the establishment of special purpose vehicles in The Bahamas and BVI, including holding companies, limited partnerships and trusts for the holding and management of investment portfolios and assets.
Our expertise includes:
- Mergers and acquisitions
- Joint ventures
- Disposals
- Business operations advice
- Opinions on financial transactions, addressing issues such as insolvency, creditor rights, choice of law, and enforceability under Bahamian or BVI law
- Private and public offering of securities by issuers based in The Bahamas or the BVI or to persons in The Bahamas or the BVI, including internet offerings.
