Category Archives: Bahamas

NASSAU, BAHAMAS Attorney General Carl Bethel advised yesterday that the government intends to go to the Privy Council to appeal a Court of Appeal ruling that children born out of wedlock to foreign women and Bahamian men are entitled to citizenship at birth.

The government had sought to appeal the ruling handed down by Supreme Court Justice Ian Winder last May, in the publics interest.

The appellate ruling dismissed the governments appeal and awarded costs to the respondents.

Bethel told reporters ahead of the weekly Cabinet meeting yesterday morning that the matter would have ended in the highest court the Privy Council no matter which side won the appeal.

Im sure that the Bahamian people will not accept any judgment on a matter that doesnt come from the highest court in the land, which is the Privy Council, he said.

So, it is the governments intention to appeal the matter.

The controversial rulingdealt with separate applications for declarations over the true interpretation of Article 6 of the Constitution, which deems that every person born in The Bahamas after 9th July, 1973 shall become a citizen of The Bahamas at the date of his birth if at that date either of his parents is a citizen of The Bahamas.

All five judges of the Court of Appeal sat in on the hearing and gave written judgments on the matter, with three agreeing with Winders ruling and twooffered dissenting views.

The matter of passing on citizenship continues to be a longstanding hot-button issue throughout the countrys history.

Bethel noted that not only is the ruling a question of the Constitutions original intent but also the national intent, given that there were two referenda on this issue.

Both referendums in 2002 and 2014 to address gender-based discrimination in the Constitution failed.

We will advance the same positions that we have advanced to date in the Privy Council that the existing Constitution, as originally written, as originally supported by the Bahamian people on two occasions, ought to prevail, Bethel said.

Asked what would happen if the government also loses the appeal at the Privy Council, he said: That would be the law of the land as interpreted by the highest court in the land and we will all be bound to follow it.

Whatever adjustments would have to be made to domestic law would have to be made in order to accommodate the views, if that is their view.

If not, there would be no changes. But it is a matter for the highest court of the land at this point.

A bill has been drafted by the Law Reform Commission, headed by Dame Anita Allen, that would repeal the Bahamas Nationality Act and the Immigration Act.

The proposed legislation puts forth sweeping changes to the countrys immigration laws by seeking to address long-standing issues surrounding statelessness and the right to pass on citizenship.

Minister of Immigration Elsworth Johnson said he will wait until he receives further advice from the attorney general on the matter.

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TO THE PRIVY COUNCIL WE GO: Govt to appeal historic citizenship ruling - EyeWitness News

NASSAU, BAHAMAS There has been a 58 percent increase in small and medium-sized enterprises (SMEs) between 2017 and 2020, the Ministry of Finance has reported, as nearly 14,000 SMEs have been launched.

Minister of State for Finance Kwasi Thompson said: Since coming to office, we have dedicated an unprecedented amount of resources to support the start-up and expansion of SMEs. We are prioritizing private-sector development because we understand SMEs are crucial for sustainable economic growth.

He added: The Bahamian entrepreneurial spirit has always been a backbone for our countrys economy, but for the first time, the government has recognized this by targeting millions of dollars in investment to ensure that spirit continues to flourish and lift up our economy.

As of September 2020, the Access Accelerator Small Business Development Center (SBDC) had approved nearly $60.5 million in funding for SMEs to support the visions of new and existing Bahamian entrepreneurs. This funding was largely allocated as part of the Resilient Bahamas budget plan for fiscal year 2020-2021, which focused in part on keeping small businesses afloat.

Support for SMEdevelopment will continue through a number of initiatives within the Accelerated Bahamas Recovery Plan for fiscal year 2021-2022. Over the next five years, the government has committed to $250 million in financing for the SBDC, with the first injection of $35 million being allocated in the 2021-2022 budget.

We are not only relying on direct financing. Our budget is leveraging the use of tax concessions to promote the continued development of the private sector, said Thompson.

Were providing incentives to expand your business operations through duty-free imports of first stock inventory and other products necessary to a small business development.

Specifically in our southern Family Islands, weve created tax-free zones to encourage economic growth by way of concessions on materials needed for residential and commercial development and tax breaks on business license fees.

The government also plans to expand financing options for SMEs with new crowdfunding regulations that allow small businesses access to mechanisms that were previously limited to larger organizations. Under these new regulations, small businesses will soon be able to raise up to $5 million in capital.

As SMEs continue to launch or expand, the government is capitalizing on this growth to tackle unemployment. The Government Employee Incentive Program will incentivize hiring as the private-sector economy continues to rebound. Through the program, businesses can apply for tax credits of up to $400 per week to fund the payrolls of up to 10 new employees. The government expects to see 2,500 new jobs created from this initiative.

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ENTREPRENEUR BOOM: Bahamas sees near 60 percent increase in SMEs between 2017 and 2020 - EyeWitness News

NASSAU, BAHAMAS The Royal Bahamas Police Force (RBPF) yesterday warned that romance scams designed to pull at the heartstrings of unsuspecting victims, particularly retired and mature women, have given authorities some cause for concern.

Fraudsters are contacting persons, usually retired/mature or vulnerable females, under the guise of friendship and companionship, police said.

The fraudsters fabricate a relationship by building trust over time through constant communication, romantic intention and encouragement, usually portraying themselves to be wealthy businessmen or vulnerable widowers.

Romance scam/fraud is a social engineering tactic which entails the engineering of a friendship or relationship for fraudulent or financial gain.

Once a level of trust and comfort is achieved, the fraudsters promise to marry the victims and/or enter into business opportunities with them.

Police said with trust earned from their target, scammers begin to request personal information such as government identification or bank account information, with the promise of instant wealth, gifts, marriage or lucrative business opportunities.

The public is reminded of the dangers in sending your government identification and personal information, inclusive of banking information, online or through social media platforms to individuals that youve never met, police said.

Doing so exposes you to potentially becoming victims of fraud, theft, stolen identity and sometimes, in extreme cases, physical harm.

Additionally, police warned that victims of romance scams can also run the risk of being culpable in facilitating money laundering offenses.

The Royal Bahamas Police Force advises members of the public to be vigilant and cautious with persons that they communicate with online and on social media, the organization said.

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GUARD YOUR HEARTAND YOUR WALLET: RBPF warns of romance scams - EyeWitness News

Business license turnaround time to be lowered; crowdfunding options introducedThompson: This initiative will launch Bahamas ahead in World Bank ease of doing business rankings

NASSAU, BAHAMAS The government is looking at ways to further streamline the process of opening a business, according to State Finance Minister Senator Kwasi Thompson, as it expands the provisional licensing framework.

Thompson, while making a contribution in the Senate yesterday on the 2021/2022 budget, said: We are going a step further to shore up this private sector support by expanding the provisional licensing framework.

This framework allows low-risk-rated businesses to apply for and receive a temporary business license to operate while the requisite approvals are obtained from the relevant government agencies, such as the Ministry of Works and the Department of Physical Planning.

The turnaround time for obtaining a business license has been reduced. What was once a potential hindrance to becoming a part of the formal economy has now been removed. We are certain that this expanding initiative will continue to launch us ahead in the ease of doing business rankings from the World Bank.

This is just another step in tearing down the barriers to Bahamian ownership and, ultimately, economic growth.

Thompson went on to note that the government has committed to allocating $250 million in financing over the next five years, with $30 million for small business support this upcoming fiscal year, and is also reinforcing the work of the Bahamas Development Bank with an additional $4 million funding per year for a two-year period.

According to Thompson, new crowdfunding rules will soon be released that will allow MSMEs to tap into a larger pool of financing.

This type of financing vehicle would also provide another option for Bahamian entrepreneurs to obtain capital via a diverse pool of investors said Thompson.

Additionally, it also provides Bahamians an opportunity to diversify its investment portfolio by obtaining ownership in these SMEs. Bahamians can now invest in small startup businesses that would otherwise be unable to access financing through the traditional commercial banking route.

Primarily, these new crowdfunding rules allow for entrepreneurs and small businesses to use technology and digital platforms to raise necessary funds up to $3 million from the general investor public to start or expand their business.

This gives the entrepreneur a powerful new channel to get capital. At the same time, it provides greater opportunities for interested Bahamians to invest in and benefit from interesting and innovative business opportunities, which they otherwise would not be able to invest in.

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MAKE IT EASIER: Thompson says govt looking to streamline process of opening a business - EyeWitness News

NASSAU, BAHAMAS Consultant Physicians Staff Association (CPSA) President Dr Sabriquet Pinder-Butler said yesterday the government ought to be cautious with its proposed vaccination day, indicating that proper forward-planning and enforcement will be necessary to avoid vaccination events such as parties becoming environments for COVID-19 to spread.

Even though the experts perhaps may continue to resound that the chances are very low of something happening and we accept that the chances may be low the fact that if a chance is still there, it still means you have to pay attention and practice certain measures to mitigate anything that could happen related to that, she told Eyewitness News.

Pinder acknowledged there is fatigue COVID-19 among Bahamians, and said while there is a desire for greater human interaction, vaccinated individuals lowering their guard could have a negative impact.

She continued: I think we still have to very cautious with these types of events because certainly, the potential is there for that to negatively impact us.

The prime minister announced that vaccination day earlier this month.

During the wrap-up to the budget debate on Monday, he indicated that vaccinated individuals will be able to party on at restaurants and bars, though the onus of ensuring only vaccinated individuals attend will be on hosts and establishment.

To this, Pinder said: I hope the government has thought about the measures that they will put in place because when we make these decisions, I think one of the things that we oftentimes see in-country is that we dont put the measures in place ahead of making these decisions.

The threat of more contagious, variants of COVID-19 such as the Delta strain, which is spread throughout the United States, the United Kingdom and over 70 other countries, is a danger to The Bahamas, health officials have acknowledged.

While vaccination substantially lowers the chance of contracting the virus and becoming severely ill, it is still possible to contract and pass on COVID-19 when fully vaccinated.

Pinder said it is for that reason that the government should also review its travel policy that now allows travelers upon becoming fully vaccinated, and passing the two-week inoculation period, to enter The Bahamas without an RT PCR negative test.

I think it is very important for us to review that policy, she said.

There first reason would be just because of the high transmissibility of that particular variant.

The second reason is we have pretty much reopened the country. I would have seen pictures recently at the airport and at hotels, and besides the fact that there are concerns with social distancing in the first instance, if we dont have testing in play and perhaps [if] persons are tested at the hotel, I think it would be interesting to see how many of those persons are actually testing positive there.

Pinder said she fully appreciates the need for employment and accepts it is a difficult balance between health and the economy, we have to be careful because certainly once we have it (Delta) in and we are still moving around every day, and we dont have the measures in place to identify these cases; were not doing proper surveillance and those type of things, anything could happen.

More than 79,000 people have been vaccinated.

While it is unclear how many of that figure previously contracted or has contracted COVID-19, another 12,000-plus people infected with the virus could have immunity as a result of developing antibodies.

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Pinder: Govt ought to be cautious with vaccination day to avoid negative fallout - EyeWitness News

NASSAU, BAHAMAS Prime Minister Dr Hubert Minnis today announced party on for fully vaccinated individuals as he outlined the permittance of social gatherings for those who have taken the jab.

During his presentation for the 2021/2022 budget debate, the prime minister said people who are fully vaccinated can now engage in private and social gatherings in their homes and elsewhere once all attendees have been vaccinated.

You can interpret that. The young people will interpret it [as] party on, Minnis said.

Minnis also announced changes to the daily curfews throughout the country that will go into effect tonight for all visitors and residents.

On New Providence and Abaco, the daily curfew will move to 11pm to 5am.

On Grand Bahama, the curfew will move to midnight to 5am.

On Cat Island and North and Central Andros, the curfew will move to 10pm to 5am.

Additionally, there will no longer be a curfew on the Berry Islands, South Andros and Mangrove Cay.

Minnis said his plan for the country to celebrate a Vaccination Day will take place once health officials determine that a sufficient number of the eligible population has been vaccinated.

The prime minister urged residents, however, to still adhere to the COVID-19 protocols.

Several changes to travel restrictions were also announced, including the removal of the RT-PCR test requirement for travel from Grand Bahama, Cat Island and Andros, effective immediately.

The $10 charge for a travel health visa for fully vaccinated Bahamians and residents returning to the country will be removed effective July 1.

The prime minister also announced additional changes to restrictions for funerals, memorials and weddings.

Funeral and memorial services will now be permitted in a church or other indoor facility in accordance with the health protocols and the Bahamas Christian Council (BCC) guidelines approved by the Ministry of Health.

Minnis said there is no requirement for attendees to be fully vaccinated.

However, repasts are still not permitted on New Providence and Paradise Island, Grand Bahama, mainland Abaco, Eleuthera, Harbour Island and Great and Little Exuma

Wedding receptions will now be permitted on New Providence and Grand Bahama, provided that all attendees are fully vaccinated.

Hosts of wedding receptions, private gatherings and other social events will be responsible for verifying that guests are fully vaccinated and will be subjected to fines for non-compliance.

Our aim is to fully reopen in several months if various conditions are met and advised by health officials, Minnis said.

As always, we will continue to follow the science and consult with our health team on how best to move forward.

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PARTY ON: PM drops restrictions on social gatherings for fully vaccinated - EyeWitness News

On 19 April 2021, the Judicial Committee of the Privy Council (Privy Council) rendered its decision in RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas)1 (available here) on the requirement under Section 90 of the Bahamas Arbitration Act 2009 (Bahamas Act) for a party to separately and expressly plead, and for a court to separately and expressly find, substantial injustice where an award is challenged on the basis of a serious irregularity that affects the tribunal, the proceedings or the award. Section 90, which is materially identical to Section 68 of the English Arbitration Act 1996 (English Act), provides that a party may challenge an award on the basis of one or more enumerated kinds of irregularities which the court considers has caused or will cause substantial injustice to the applicant.

In summary, the Privy Council found the following:

The decision marks the first time in over 15 years that the substantial injustice requirement has been considered by a highest appellate court since the decision of the UK House of Lords in Lesotho Highlands Development Authority v Impregilo SpA2 (available here). The Privy Council is comprised of Justices of the UK Supreme Court and serves as the court of final appeal for the UK overseas territories and Crown dependencies. Given the similarities between Section 90 of the Bahamas Act and Section 68 of the English Act, the decision will form an important part of the jurisprudence surrounding challenges to awards in English-seated arbitrations on grounds of serious irregularity. The reasoning of the Court will likely also be considered by courts of other jurisdictions that are called upon to address pleading requirements in challenges to awards.

The following sections set out the background to the dispute and summarise the findings of the Supreme Court and Court of Appeal of the Bahamas, before discussing the decision of the Privy Council. The final section considers the implications of the decision.

I. BACKGROUND

The applicants (RAV) leased land to the respondent (Therapy) for the building and operations of a restaurant and beach club in the Bahamas called Sakara Beach Club (Sakara). The lease agreement contained an option to renew the lease for a further 5-year term that could be exercised on 6-months notice and was subject to the parties agreeing to rents for the renewal term.

The dispute arose out of delays in the development of the restaurant and the eventual eviction of Therapy from and demolition of Sakara by RAV. Therapy claimed that it had been wrongfully evicted and sought lost profits for the duration of the lease and the renewal term, which spanned a total of 6 years. Therapy also sought lost profits in relation to a separate restaurant in the vicinity, Atlantic Seafood, on the basis that it formed part of the lease following a variation of the agreement by the parties. RAV denied all the claims.

The dispute was submitted to an ad hoc arbitration where the sole arbitrator found the following after a 6-day hearing: (i) Therapy had been wrongfully evicted form Sakara; (ii) the lease had not been varied by the parties to include Atlantic Seafood; and (iii) Therapy was entitled to its lost profits in relation to Sakara for the entire 6-year period. In assessing Therapys damages, the arbitrator relied on the evidence of Therapys quantum expert but discounted the damages in two ways to exclude any losses flowing from the claim in relation to Atlantic Seafood and to account for the fact that the experts analysis was not based on documentary evidence. The parties had not made specific submissions on any discounts to be applied to Therapys damages, including in the event Therapy lost any part of its claims. Therapy was awarded a total of $ 9.67 million, plus interest.

RAV challenged the award under Section 90 of the Bahamas Act on two grounds:

In the first instance, the Supreme Court of the Bahamas upheld the challenge on both grounds and remitted the award to the arbitrator for further consideration. The Court found that Therapys losses for the renewal term depended on whether the lease had been validly renewed. The award indicated that the arbitrator had not considered this issue that was important to Therapys entitlement to damages. The Court also found that the arbitrator had not given the parties an opportunity to address the method of adjusting Therapys damages, which was only brought to the parties attention in the award itself. The Court did not, however, make any express or separate finding that the serious irregularities caused RAV substantial injustice.

By a majority, the Court of Appeal of the Bahamas set aside the first instance decision and upheld the award. Relying on the House of Lords decision in Lesotho, the Court held that a serious irregularity challenge required a showing, as a precondition, that there had been substantial injustice. Here, the Court found that (i) RAV did not expressly and separately plead and establish that it had suffered or would suffer substantial injustice as a result of the irregularities; and (ii) the Supreme Court failed to make an express and separate finding on the issue of substantial injustice. The Court considered that the real complaint made by RAV was that the arbitrator had made errors of law.

II. PRIVY COUNCIL DECISION

The main issue of interpretation before the Privy Council, as expressed by the Court, was whether section 90 requires there to be a separate and express allegation, consideration and finding of substantial injustice for a serious irregularity to be established.3 As discussed below, the Privy Council answered that question in the negative and remitted the award to the arbitrator on terms largely consistent with findings of the Supreme Court.

A. Separate and Express Allegation and Finding of Substantial Injustice

The Privy Council began its discussion of the substantial injustice requirement by stressing the narrow scope of application of Section 90 to challenge awards. Recalling well-established case law, the Privy Council emphasised that the English Act, which its Bahamian counterpart is based on, was designed to significantly reduce the extent of judicial intervention in arbitral proceedings. Section 68 of the English Act (like Section 90 of the Bahamas Act) forms an integral part of that design by permitting challenges to awards where (i) there is a serious irregularity, as identified in the closed list of irregularities in Section 90; and (ii) that has caused or will cause the applicant substantial injustice.4 The burden of proof rests on the applicant challenging the award.5

Reiterating the explanatory notes of the Department Advisory Committee in drafting the English Act and the House of Lords decision in Lesotho, the Privy Council stressed the high threshold and high hurdle imposed by the serious irregularity limb of Section 68,6 which was only available in extreme cases where the tribunal has gone so wrong in its conduct of the arbitration that justice calls out for it to be corrected.7 The purpose of Section 68 was to ensure due process in the arbitral proceedings, not that a correct decision had been reached.8

The substantial injustice requirement in Section 68 provides a further hurdle to a challenge. As aptly described by the House of Lords in Lesotho, it is designed to weed out technical and unmeritorious challenges.9 The Privy Council noted that there will be substantial injustice where it is established that, had the irregularity not occurred, the outcome of the arbitration might have been different.10 Importantly, the Privy Council recognised that some irregularities may be so serious that substantial injustice is inherently likely to result11 and an inference of substantial injustice almost goes without saying.12

Turning to the issue before it, the Privy Council considered that it is good practice for an applicant raising a Section 90 challenge (or Section 68 under the English Act) to set out in its pleadings the listed irregularity in Section 90 that it relied upon, its grounds for asserting the existence of the irregularity in its case and that the irregularity has caused or will cause it substantial injustice.13 It would equally be good practice for a court to specifically consider each of these issues. However, that good practice did not amount to a mandatory requirement,14 a failure of which would itself defeat an application.15 The Privy Council cautioned against undue formalism where, on the facts, substantial injustice is apparent.16

B. Failure to Address Issues Put To The Arbitrator

The Privy Council agreed with the Supreme Court, upholding the challenge to the award on Ground 1 on the basis that the arbitrator failed to consider whether the lease had been validly renewed.

After reviewing the record, including the pleadings and transcripts of the hearing before the arbitrator, the Court found that the issue of whether the lease had been validly renewed had been put before, and sufficiently drawn to the attention of, the arbitrator. This was an issue that the arbitrator ought to have dealt with because it was essential or crucial to the determination of the parties claims and defences.17 Put simply, the arbitrator could not have concluded that Therapy was entitled to damages for the renewal term without first determining whether the lease had been validly renewed, giving Therapy a right to use the premises for that period. The question was whether the issue had, in fact, been dealt with by the arbitrator.

In undertaking that analysis, the Court cautioned against adopting a hypercritical or excessively syntactical reading and instead urged the use of a fair, commercial and commonsense reading.18 The courts must give arbitrators a wide margin of deference to determine how to address an issue, which they can do in any way. On reviewing the award, however, the Court found that the arbitrator made no reference to or ruling on the lease renewal. Importantly, the Court also found that it could not infer that the arbitrator had implicitly rejected the point because the award did not refer to it at all.19

While RAVs application challenging the award did not made specific reference to the substantial injustice caused by this omission, the Court found that this was apparent because the failure was described in the pleadings as critical and as affecting a large portion of the award.20 In upholding the challenge, the Supreme Court used similar language, which in effect amounted to a finding of substantial injustice.21 The Court found that the nature of the irregularity and failure of due process in the present case meant substantial injustice was inherently likely.22

C. Failure to Provide Opportunity To Make Representations

The Privy Council partially agreed with the Supreme Court to uphold the challenge to the award on Ground 2 on the basis that the arbitrator failed to give RAV an opportunity to address the appropriate discount to be applied to Therapys damages.

The Court recalled that natural justice requires parties to have an opportunity to address arbitrators on specific matters that an award is based on and, conversely, parties should not learn of adverse points for the first time in the award itself.23 As with a failure to address issues, the Court urged a careful approach in determining whether a party had been deprived of a right to present its case.24

On the facts, the Court found that there was no irregularity in the arbitrators approach of applying a 15% discount to the quantification of damages by Therapys expert. The Court considered that it should have been obvious that there were weaknesses in Therapys expert evidence because it was not supported by documentary evidence.25

On the one-third deduction in damages for the Atlantic Seafood claim, however, the Court found that RAV had not been given an opportunity to address the arbitrator. In reaching that conclusion, the Court disagreed with the finding of the Court of Appeal that it was sufficient that the parties knew that consequential damages were in issue and that the parties could make whatever representation they considered appropriate.26 On substantial injustice, and as with Ground 1, the Court held that it goes without saying and is self-evident that an arbitrary deduction of damages is seriously prejudicial.27 RAVs failure to expressly plead the point, and the lack of an express finding by the Supreme Court, were not fatal.

III. IMPLICATIONS

As a judgment of the Privy Council on a provision that is materially identical to Section 68 of the English Act, the RAV decision forms part of an important body of law on challenges to awards in English-seated arbitrations.

The decision marks a pragmatic approach of the English courts to pleading requirements for substantial injustice, which is a welcome clarification on the application of Section 68. Given the strong persuasive effect of English judgments on courts of other Commonwealth jurisdictions, the RAV decision will also provide a useful starting point for analysis when similar issues arise in the context of other arbitral laws. While the Court eschewed a formalistic approach, to avoid protracted litigation on whether the requirements of Section 68 have been properly established, parties would be well advised to clearly plead the specific irregularity under Section 68 on which they rely to challenge an award and to explain why that irregularity has caused or will cause the party substantial injustice.

While the Privy Council upheld the challenge on the facts of the case, it bears emphasis, that the irregularities in question in the RAV decision were significant and could have had a material impact on the outcome of the award. The Privy Council was careful to reiterate prior case law and emphasise that challenges under Section 90 (and Section 68 of the English Act) would not easily succeed. The Courts pragmatism in the RAV decision should not, therefore, be mistaken as a harbinger for a more interventionist approach by the English courts.

Footnotes -

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8.

Lesotho Highlands Development Authority v Impregilo SpA [2005] UKHL 43.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 2.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at paras. 28, 52.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 52.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 31.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 30 (citing the Report of the Department Advisory Committee).

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 32.

Lesotho Highlands Development Authority v Impregilo SpA [2005] UKHL 43, at para. 28 (per Lord Steyn).

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 34.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 35 (citing Ascot Commodities NV v Olam International Ltd [2002] CLC 277 at pp 284F-285A)

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 36 (citing Secretary of State for the Home Department v Raytheon Systems Ltd [2014] EWHC 4375 (TCC), at para. 61)

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 53.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 54.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 88.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at paras. 72-74.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 41.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 43 (citing Secretary of State for the Home Department v Raytheon Systems Ltd [2014] EWHC 4375 (TCC), at para. 33).

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 61.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 65.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 67.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 69.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 46 (citing to Zermalt Holdings SA v Nu-Life Upholstery Repairs Ltd [1985] 2 EGLR 14, at p. 15)

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 50.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 586.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at paras. 81-82.

RAV Bahamas Ltd and another v Therapy Beach Club Incorporated [2021] UKPC 8, at para. 84.

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RAV Bahamas and another v Therapy Beach Club Incorporated (Bahamas): Judicial Committee of the Privy Council Rules on Substantial Injustice...

NASSAU, BAHAMAS The Bahamas Ministry of Tourism and Aviation (BMOTA) in a press statement yesterday outlined a number of flights that have resumed to The Bahamas from international destinations as the tourism industry attempts to rebound.

The statement emphasized there are plenty of ways for every type of traveler to get to The Bahamas by air this summer, noting: The Bahamas is quite literally positioned as the closest Caribbean destination to the US. Theres no need to hop on a plane across the world to get the vacation youve been wishing for.

New Yorkers looking to escape the east coast can fly Delta, Jet Blue, American Airlines or United non-stop to Nassau.

Silver Airways offers many flight options to The Bahamas from Fort Lauderdale, including to Abaco, Eleuthera, Exuma, Bimini and Nassau.

Those traveling from Florida have plenty of options to get to Nassau via Bahamasair from Fort Lauderdale, Miami, West Palm Beach and Orlando.

Houstonians can trade the Gulf of Mexico for the blue hues of The Bahamas via Uniteds nonstop flights to Nassau. Dallas-area residents can also fly into Nassau twice weekly from Dallas-Fort Worth International Airport. Denver and Houston residents can book one-stop flights to Grand Bahama, Exuma, Eleuthera and Abaco via the airline as well.

Delta Airlines also offers daily flights from Atlanta to Eleuthera and Exuma, with Minister of Tourism and Aviation Dionisio DAguilar recently noting increased interest in travel to secluded Family Island destinations.

BMOTAs statement noted: The Bahamas Out Islands are known for their secluded nature, not to mention theyre home to some of the most beautiful beaches in the world. For those seeking an under-the-radar vacation and want to opt in to everything or nothing at all, there is plenty to choose from with these flight options.

The ministry also outlined several upcoming flight schedules, including Southwest Airlines and Sunwing Airlines flights set to begin later this year.

Southwest Airlines has announced the resumption of its daily flights from Fort Lauderdale to Nassau beginning October 7, 2021, the BMOTA statement read.

The airline will also resume its Saturday and Sunday service from Baltimore/Washington International Thurgood Marshall Airport (BWI) to Lynden Pindling International Airport (NAS) beginning October 7, 2021. Flights are available for booking today.

Canadians can also look forward to the return of travel to The Bahamas with resumed service from Toronto to Nassau via Sunwing Airlines beginning June 27.

DAguilar added: Travelers have been daydreaming of a vacation in The Bahamas for nearly a year-and-half, and were so thrilled there are so many nonstop and one-stop flight options to make a Bahamian escape a reality.

For more information, visit https://www.bahamas.com/getting-here/flying.

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BMOTA outlines increased flights to The Bahamas amid tourism upswing - EyeWitness News

Renowned for her irrelevant take on style and design, India Hicks has quietly built a lifestyle brand from her base on Harbour Island in The Bahamas. As the daughter of legendary designer David Hicks, the former Ralph Lauren model combines English eccentricity with laid-back Caribbean culture, in her stylish modern home in the ocean.

Her latest book, An Entertaining Story, delves into the imaginative spin on entertaining, offering clever improvisations and fun ideas for table settings, with a sprinkling of recipes and family tales. We caught up with India on the highlights of Harbour Island.

(Image credit: Getty Images)

Any time but September and October (they're the rainiest months with a threat of hurricanes). The rest of the year offers pink sands, turquoise waters, turtles, and dolphins.

Hibiscus Hill, Harbour Island. There's a variety of guest houses, from townhouses to beach houses, all with their own personality and charm.

(Image credit: Alamy)

The Island Store in Lyford Cay offers traditional Caribbean home goodies with a huge splash of color, pattern, and panache. Browse batik quilts, pineapple lamps, pottery, linen napkins, and candles.

The Dunmore hotel restaurant is designed by the talented Amanda Lindroth, who understands the history of The Bahamas. The style, the architecture, and the climate are all imprinted on her work: lots of white canvas, upholstery, boldly colored peach stripes, rattan, and cane furniture.

See: 12 modern summer house ideas how to create a serene escape in your own garden

(Image credit: Alamy)

Princess Street Gallery on Harbour Island showcases an extraordinary collection of tropical-inspired by The Bahamas. Peek at the pink sand, azure sea, sun-washed cottages, and at the gentle people that have been luring artists here for more than 100 years.

Lighthouse beach has endless miles of unspoiled soft rose sand and is considered to be one of the most magnificent beaches in The Bahamas. At this hidden gem, you can play in two bodies of water almost simultaneously, the Caribbean and the Atlantic.

Harbour Island in The Bahamas

(Image credit: Photo by Tatiana Colhoun on Unsplash)

Sweet Spot Cafe on Harbour Island, run by two beautiful Bahamian sisters who offer exotic cocktails, such as their Coral Heat, a heady mix of vodka, grapefruit juice, black pepper, and lime sugar. It's actually a juice bar with healthy smoothies, organic snacks, and vegan desserts, which makes the cocktails even more thrilling!

See: This uber-modern beach house is a lesson in loft-style living

Kamalame Cay family-run resort for a very private escape. It's found on the edge of the Andros Great Barrier Reef: a pretty breathtaking adventure.

Interview by Jacky Parker for Livingetc, June 2021.

Link:

Designer India Hicks shares the stylish secrets of Harbour Island in The Bahamas - LivingEtc

Tourism minister says Family Island tourism bouncing back faster than Nassau and wealthier visitors returning firstTourism is bouncing back

NASSAU, BAHAMAS The countrys visitor arrivals are increasing by leaps and bounds, according to Tourism and Aviation Minister Dionisio DAguilar, who noted in the House of Assembly yesterday that this nation has received nearly 300,000 visitors over the first five months of the year.

During his contribution to the 2021/2022 budget debate, the Free Town MP proclaimed: Tourism is bouncing back.

According to DAguilar, travel health visa requests went from 22,000 in January to 30,000 in February; to 64,000 in March; 68,000 in April; and 110,000 in May.

So far, in 2021, almost 300,000 visitors have returned to our shores, he noted.

DAguilar said upon examining the numbers, 60 percentof the visitors are coming to Nassau and 40percentare going to the Family Islands.

So, that confirms to me that the Family Islands are bouncing back faster than Nassau, so far, since in 2019, 75 percent of the visitors came to Nassau while 25 percent went to the Family Islands, said DAguilar.

With the onset of COVID, people wanted a low-density, secluded vacation at a small boutique hotel or AirBnB away from crowds and larger properties. That is exactly what happened.

When you dig even deeper into the number, 27 percent of the persons going to the Family Islands went to Eleuthera, mostly Harbour Island; 20 percent went to Bimini and Cat Cay, mostly by boat from Florida; 19 percent went to Abaco, which is quite remarkable given the damage Hurricane Dorian put on that island and leads me to conclude that those second homeowners are very, very loyal to Abaco; and 17 percent went to Exuma.

Another takeaway from these stats, Mr Speaker, is that the more wealthy visitors are returning first. The amount of private jets, the amount of private yachts, the amount of persons seeking the most expensive accommodation we have to offer that segment of the business has returned the fastest.

DAguilar noted concerns of some stakeholders regarding the level of airlift to The Bahamas.

They complain airline prices from our key markets are too expensive, and we are monitoring this very closely, he said.

He added: Resuming airlift has remained of utmost importance and my team monitors airlift closely and are in constant communication with our airlift partners. Our airline partners not only reassure us, but have also demonstrated that as demand picks up, they will add increased seat capacity.

And this has indeed been the case. Airlift is approaching pre-pandemic levels, and we are nearing the return of all major airlines from key markets in the United States, Canada, Europe and Latin America. We are starting to see new markets open and partners adding increased capacity to existing routes.

In total, scheduled international flights to The Bahamas have increased to 17 commercial carriers, with a combined seat capacity from 37 international markets. This is monumental as we are truly bringing the world to our shores.

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ARRIVALS CLIMBING HIGHER: Bahamas sees over 300K visitors in first five months of 2021 - EyeWitness News