Procedures
Supreme Court Civil Procedure Rules 2022 replacing the 1978 rules
The Supreme Court Civil Procedure Rules 2022 came into force in 2023, replacing rules that dated from 1978 and bringing The Bahamas into line with the modern Caribbean model of an overriding objective, case management and proportionate disclosure. Claims are issued in the Supreme Court or in a Magistrates' Court for lower-value matters. Appeals lie to the Court of Appeal and then, with leave, to the Privy Council.
Key rules
- Jurisdiction — Magistrates' Courts, Supreme Court, Court of Appeal, then the Privy Council
- Deadline — Acknowledgment of service: 14 days from service of the claim form
- Deadline — Defence: 28 days from service of the claim form
- Deadline — Appeal to the Court of Appeal: 42 days from the order
- Deadline — Contract and tort limitation: six years
Governing law
- Supreme Court Civil Procedure Rules 2022
- Supreme Court Act, Chap. 53
- Limitation Act 1995
- Arbitration Act 2009
In practice
The 2023 change of rules is the trap in current practice, because precedent and precedents of pleading built on the old writ-and-summons vocabulary have been superseded, and transitional provisions govern proceedings already on foot. Practitioners returning to a long-running matter need to check which set of rules applies to the step they are taking.