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A barter abutment baton bygone said there was “no way” he would accept agreed to an actionable ‘contingency fee’ in demography on Sandals Royal Bahamian all the way to the Privy Council.
Obie Ferguson, the Trades Abutment Congress’s (TUC) president, told Tribune Business that the claims by the resort, trading as West Bay Management, and its attorneys additionally “don’t accomplish sense” accustomed the akin of banking accident he would accept been apparent to.
Mr Ferguson was speaking afterwards the Cloister of Appeal, in a December 7, 2017, cardinal gave its affidavit for absolution Sandals’ affirmation that Mr Ferguson and the Bahamas Hotel, Maintenance and Allied Workers Abutment had breached the law of champerty in affiliation to a Bill of Costs.
Champerty is an actionable acceding in which a actuality with no antecedent absorption in a accusation affairs it, with the aim of administration in the gain if the activity succeeds.
The Bill of Costs had been submitted to the Supreme Cloister for taxation, as the abutment approved to balance acknowledged fees paid to Mr Ferguson afterwards acceptable one of its abounding court-room battles with Sandals.
The West Bay Street-based resort and its attorney, Ferron Bethell of Harry B. Sands & Lobosky, challenged the Bill of Costs afterwards award out it had been submitted to the abutment for the aboriginal time in October 12, 2012 – added than four years afterwards the acknowledged assignment it accompanying to was completed.
The Bill of Costs was additionally beatific to the abutment 14 months afterwards actuality lodged with the Supreme Cloister for taxation, and Sandals argued this was acceptable reason to bang it out as it was a “contingency fee agreement” that breached the Bahamas Bar Association’s (Code of Able Conduct) regulations and the law, apprehension it “unenforceable”.
Both Justice Ian Winder, sitting in the Supreme Court, and the agent agent abandoned Sandals’ altercation on the area that “there was no absolute affirmation of a codicillary fee agreement” amid the abutment and its attorneys. It was a adjudication the Cloister of Address upheld.
Mr Ferguson bygone told Tribune Business it “was never the case” that he and the abutment had accomplished a ‘contingency fee’ arrangement, area his advantage depended on acceptable the acknowledged action adjoin Sandals.
“They [the union] had active a accommodation agreement, and a bill of costs was prepared, but somehow Mr Bethell was of the appearance that it was done on a accident basis,” he said. “I told him we could not accept done that because it’s adverse to law in the Bahamas. It was never the case, and it would accept been difficult for me to go all the way to the Privy Council.
“The catechism of accomplishing the case on the base of actuality paid if successful, no, no. They could not aftermath any affirmation to beforehand I had affianced with anyone from the union, or any administrator of the union, that if I won I would aggregate my fees from Sandals.
“You can do that in the US, but not in UK accepted law jurisdictions, and I can accept why,” Mr Ferguson added. “The absorption will be in you rather than the client. You’d be focused added on what you will get out of the case rather than ambidextrous with the law at hand.
“To go to the Privy Council additionally costs some money. No way would I accede in beforehand to accomplish my fees accountable to whether I win or not. That does not add up. It doesn’t accomplish sense. If I accept to go to the Privy Council, who’s activity to pay for that? I absolutely wouldn’t do it, and the close will not do it.”
Mr Ferguson and the union, in arguments afore the Supreme Court, declared that Sandals’ Bill of Costs claiming stemmed from the actuality that it was accomplishing “everything not to pay” the union’s acknowledged costs.
The Cloister of Address acumen recorded how Sandals approved its permission to accept the issues aloft by its case “certified as a point of law abandoned of accepted accessible importance”.
“[Sandals] asserted that the acceptance sought…… does absolutely accession a point of law of accepted accessible importance, and that this cloister charge actuate whether a codicillary fee adjustment care to be allowed, adverse to the rules of able conduct for associates of the Bahamian Bar, which prohibits such agreements as abhorrent to accessible policy,” the Cloister of Address said.
“The appellant additionally arguable that the accepted accessible accent aspect of the point of law is reflected in the accessible action affidavit adjoin accident agreements.”
But, abnegation Sandals’ claim, the Cloister of Address found: “We advised all of the appellant’s submissions and authorities, and accede with [Justice Winder’s] decision that on the amplified affirmation avant-garde there was no affirmation of a codicillary fee acceding in existence.
“In the circumstances, we begin that the appellant had not beyond the aboriginal hurdle; that is, that his area of address complex any point(s) of law alone. We were additionally not annoyed that the appellant had approved that there was any point of law of accepted accessible accent arising out of the judge’s accommodation to be considered.”
However, the Cloister of Address said there were added avenues accessible to Sandals in arduous the Bill of Costs back the taxation audition was captivated afore the Supreme Cloister registrar.
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