Tag Archives: Halsbury Chambers

ILN Today Post

Why Jean Rony matters? “Near Bahamian” – “Dreamer”=” what’s the difference?

We have seen the sad unfolding drama of Jean Rony vs. the Commonwealth of the Bahamas. It is a sad story with no real winners. Rony was brought to and born in a country, by no act or omission of his own, by parents who were desperate to escape the dire poverty of Haiti. Years later he finds himself returned to the Bahamas and detained again for an offence he did not commit…being born and reared in a country in which he has grown; a country which was not the home of his forebears. The offence is not known to Bahamian Law but it is a serious offence nonetheless. It carries with it the burdens of too many decades, the indifference of too many politicians and the growing indignation of perhaps thousands of “near Bahamians” who sit idly by dreaming of a day on which the family of those who fashion themselves as full citizens of the Bahamas will become regularised.

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ILN Today Post

The World Trade Organization: Do we or don’t we; The Legal Issues!?

On January 18 2018 an historical admission was made and reliably reported upon in a leading Bahamian daily. It was an historic admission with legal implications with little equal. Neil Hartnell, Tribune Business Editor, quoted the Lead negotiator for the Bahamas’ WTO (World Trade organization) negotiating team as asserting that the Government’s ability to protect Bahamian companies from foreign competition was “long gone.’ It was a stark admission having regard for and its source and its constitutional, legal, social and political implications. The Lead negotiator, by way of a detailed interview, further admonished businesses to think bigger for survival. Businesses were put on notice to take a more” global look at how you do business”. Look beyond this nations borders they were told and “sell to the world “.

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ILN Today Post

You and your Rights – Sexual Harassment in the Commonwealth of the Bahamas

We have seen a great debate unfold in the United States over the last few months as to the rights of working women on the job. The movement is not gender specific nor is it limited to the dominant campaign which has been led by American women. The movement was started by Alyssa Milano, the “Charmed “actress. She fashioned the hash tag metoo and since, it has become a social media sensation. The purpose of the hash tag was to inform the public how pervasive the problem  of sexual harassment is .Today it is a platform for working men and women  to tell their stories of sexual violation and harassment in the workplace. Started by an actress, the # Metoo movement raises very important issues as to workplace safety and the rights of working women and men to work in a “sexual harassment free “environment. It has been characterized as a campaign which was started to expose the alleged sexual abuses of Hollywood powerful media mogul Harvey Weinstein. It has now morphed into a “heat seeking missile” exposing serial sexual abuse in the workplace. Since the Weinstein story broke the United States has witnessed an explosion of similar complaints across America. What about the Bahamas..?

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ILN Today Post

Hacking and the Charter Aircraft Industry in The Bahamas

The Pilot of the Aztec aircraft that crashed, killing himself and five other people did not have a Pilot’s License to carry passengers. These are the reports coming from a preliminary investigation of the fatal crash of the Piper Aztec plane in Andros Island in the Bahamas. The facts seem to suggest, per crash investigator, Mr. Delvin Major, that Mr. Darren Clarke who was piloting the aircraft was a licensed Private Pilot but purportedly not a licensed Commercial Pilot. Why is this important and is this a distinction with an important difference?

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ILN Today Post

The Lid is off: Marital Rape in the Commonwealth of The Bahamas

Marital Rape is defined as the act of “sexual intercourse” with one’s spouse without the spouse’s consent. Generally speaking it is viewed as a form of domestic violence and /or abuse. In the Bahamas there is no law which criminalizes non consensual sexual intercourse between married persons. Single women and men thus enjoy a legislative protection which is not enjoyed by married women or for that matter married men. Outside the boundaries of recognized permissible grounds for making a complaint against a spouse for non sexual violence (e.g. Batteries and Assaults) the Law provides no such protection, in the Matrimonial Union, for non consensual sexual intercourse. Thus a woman is not competent to give evidence against her husband for an allegation of rape. Alternatively, she is competent for an allegation made of physical violence.

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ILN Today Post

Internet Law – A Brief Introduction to Cyber Torts

In this modern age, the Internet has become an essential tool of work and social communication and functioning.

In 2015, the World Internet Usage & Population Statistics found that 293,875 persons or 90.5 % of the Bahamian population uses the Internet. The growing awareness of the social, economic, and political impact of the Internet on Bahamian society has brought the question of governing the Internet and individual Internet activity as a whole into sharper focus. In fact an article published on the 4th August 2017 the Nassau Guardian discussed the increase of cyber crimes within the nation over the last two years. The article noted the rise of cyber attacks on companies within the financial services industry. Of particular concern was the fact that the Global Cyber security Index 2017 listed the Bahamas as having one of the worst cyber security structures in the world.

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ILN Today Post

Is there a disparity in the legal profession?

“Haves and Have Nots

By Nerissa Greene (Partner)

Like Professional women around the globe, women in the Bahamas have come a long way since the suffrage movement and gaining the right to vote. In decades gone by, societal norms instructed and encouraged men to devalue the contributions of women. In today’s globalized environment however, individual women have assumed roles of leadership alongside of, and ahead of their male counterparts and as a collective, women have continued to play significant roles from medicine, politics and yes even the once exclusively male legal fraternity.

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ILN Today Post

Stamp Duty Amendment & the New Real Estate VAT Rule

In January, 2015 The Government of The Bahamas implemented Value Added Tax (“VAT”) at 7.5% to be charged on all goods and services. This new VAT tax affected many businesses, as businesses were required to update their computer systems in order to implement VAT in compliance with the new law. Food stores and other stores selling goods were not the only businesses that were affected, but also those businesses providing services. Law firms were affected and were forced to increase their fees. Six months later, it appears that this 7.5% was not sufficient for the Government as it relates to real estate transactions. When one is selling or buying property one must consider the additional costs of VAT associated with the transaction as VAT is charged on the appraisal report, legal fees, search fees and now on the consideration or appraised value of the property (which ever is accepted and approved by the Controller of VAT). More…

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ILN Today Post

HALSBURY CHAMBER CELEBRATES ONE OF ITS OWN

NASSAU, BAHAMAS – Over the past several years, Halsbury Chambers has developed into the premier provider of quality commercial law services in the Bahamas. Through a strategy which merges the skills of dynamic and competent attorneys with sound business acumen, Halsbury Chambers has been able to offer its clientele the best legal advice to guide and protect their interests.

That model has helped Halsbury Chambers build its reputation as one of the country’s leading law firms; landing the firm a place within the International Lawyers Network (ILN) – the only spot to be held by a Bahamian firm. The ILN is an association of 91-high-quality, full service law firms with over 5000 lawyers world-wide. The Network provides clients with easily accessible legal services in 70 countries on six continents. Halsbury Chambers is also a member of The Bahamas Financial Services Board (BFSB), a collaborative group of quasi-government officials and private sector participants, which promotes and provides strategic direction to the financial services industry, both locally and internationally. More…

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ILN Today Post

“A new tax regime introduced in the Bahamas”

Before January 1 there were no direct taxes levied on the trading of goods and services in The Bahamas. In times past, consumers were only required to pay customs duty on goods imported into The Bahamas.  For the past year and a half though, the government of the Commonwealth of The Bahamas attempted to engage its citizenry in a debate over the implementation of a new tax regime as part of efforts to reduce the country’s national debt and secure funding for key infrastructural developments in the future. The government’s solution: Value Added Tax which according to government officials was selected above all others because it’s less susceptible to economic fluctuations.More…

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