Law & Practice and Trends & Developments – Chambers Insolvency 2021 Guide
Insolvency 2021 – The Bahamas
The Bahamian economy is slowly recovering from the dual calamity of the devastating Hurricane Dorian, which made landfall in The Bahamas in September 2019, and the COVID-19 pandemic. The first confirmed case of COVID-19 in The Bahamas was in March 2020.
Read the full article here: https://practiceguides.chambers.com/practice-guides/insolvency-2021/the-bahamas
Locus Standi – An Article by Timothy A Eneas
ADVERSE CLAIMANT LOCUS STANDI IN QUIETING TITLES ACTIONS – By Timothy A. Eneas – McKinney, Bancroft & Hughes
It has been suggested that few Bahamian statutes have given rise to more jurisprudence than the Quieting Titles Act, 1959 (“the QTA”). Proceedings under the QTA are conducted in the nature of a judicial inquiry, often involving multiple parties. In the context of a contested petition, it is not unusual for the proceedings to be ongoing for years. As a consequence of the established duty of the court to conduct a full investigation, it is customary for Supreme Court judges to adopt a lenient approach to the filing and recognition of adverse claims. This is no doubt due in part to the absence of any specific legislative guidance on the standing required of an adverse claimant. Furthermore, there is a dearth of legal authority on the requirements which must be satisfied by an adverse claimant in order to establish sufficient locus standi to participate in a quieting titles action. It is posited that this deficiency has in many cases contributed to what often results in lengthy and costly court proceedings.
Supplemental Links:
Judgment – Charles J – Locus Standi – In the Petition of Scott E. Findeisen and Brandon S. Findeisen (as Trustees of the Stephen A. Orlando Revocable Trust)
