Hodge Malek QC and James Potts act in Bahamas Privilege Dispute

Following a ruling on 1 May 2019, Mr Justice Ian Winder in the Supreme Court of the Bahamas gave a further judgment on 3 November 2020 in this dispute over legal professional privilege. The background to the dispute is the insolvency of the US$3.5 billion Baha Mar resort in Nassau, which has given rise to a US$2+ billion fraud and breach of contract claim in New York brought by BML Properties Ltd against construction firm CCA Construction America Inc. and its affiliates.

Winder J refused CCA’s application for a declaration that privilege had been waived in two legal opinions and related valuation reports provided to CCA over which BML Properties Ltd claims privilege.

Hodge Malek QC and James Potts acted for BML Properties Limited, instructed by Harry B. Sands, Lobosky & Co.

Click here to read the full judgment.