The commercial and civil litigation team at Higgs & Johnson is regularly engaged in a broad spectrum of international litigation, and accustomed to working with lawyers from other jurisdictions in coordinating cross-border litigation strategies for client success.
In the past decade the team has been involved in some of the world’s most notable international cases, each involving hundreds of millions of dollars, including the BCCI and Grupo Torras cases. The firm is presently instructed by the liquidators of Oracle Fund Limited (in liquidation) – a Bahamian Mutual Fund in liquidation – and represented the Fund in its recent litigation against Fortis (the Fund Administrator) and the former directors of the Fund, who settled the claim at the steps of the courthouse.
The firm is able to advise on all facets of trust law:
- representing individuals and fiduciaries (private and institutional) in trust and estate litigation, including: claims of breach of trust, allegations of incompetence and undue influence, claims of creditors against estates, claims of heirs, legatees and charities to distribution of certain assets from estates and trust and will construction
- advising international and local institutional clients in the creation of trusts, ancillary trust documentation drafting, administration and management of Bahamian trusts.
Higgs & Johnson attorneys lead the industry in contentious banking, finance, fraud and regulatory matters and have acted in complex financial disputes for blue chip banking clients globally and locally. Group members have managed cases relating to commercial loans, asset finance, letters of credit, security, insolvency, fraud, asset recovery, anti-money-laundering, capital markets, financial regulation and bank payments.
Our Asset Recovery team has been skilled in recapturing hundreds of millions of dollars on behalf of our clients, which typically include corporations, financial institutions (including banks and trusts companies), and private individuals. We continue to be successful in offering first class, results-oriented service to locate and recover assets lost due to misappropriation, negligence or fraud.
Labour & Employment
The Firm has extensive experience in all aspects of labour and employment relations law and has advised leading Bahamian corporations concerning matters involving:
- recognition of unions
- negotiation and administration of collective bargaining agreements
- trade disputes
- strike management, corporate closings and acquisitions
- pensions and employee welfare benefit schemes
The Firm has acted as counsel in trade disputes before the Industrial Tribunal, the Supreme Court and the Court of Appeal. We also have substantial experience in preparing employment contracts and reviewing personnel policy manuals and practices.
A fair amount of our litigation practice is devoted to matters relating to admiralty accidents. A highly specialised area, Admiralty Litigation requires in-depth knowledge of the unique circumstances, policies and laws governing boating and water activities in The Bahamas. We are well equipped to secure impressive financial recovery for our clients.
Alternative Dispute Resolution & Arbitration
Higgs & Johnson litigators understand that Arbitration has become an important first step in the dispute resolution process and are well versed in the field of alternative dispute resolution and arbitration (ADR). The team intuitively recognises and effectively articulates when settling a dispute outside of court might be the best course of action. A partner of the firm serves on the editorial board of Dispute Resolution International, a publication of the International Bar Association.
ADR typically includes:
- Early Neutral Evaluation