Can Dependents Enforce Foreign Compensation Awards?

Dependents in the Bahamas, the United Kingdom and many other countries have the right to secure compensation following the non-accidental death of a loved one. But problems can arise if the defendant delays or declines to pay the amount owed. The experienced personal injury lawyers at ParrisWhittaker are known for taking robust enforcement action to protect their clients in these difficult cases.

Clients who have lost a loved in a fatal accident in a foreign country may be left struggling financially. Their relative may have been the primary earner in the family or financially supporting a child or grandchild in their education.

Securing compensation as a surviving spouse or dependent ensures vital financial security for the future. So what if the party responsible has not yet paid the compensation – and there’s little sign of it being paid?

A dependency award

The Fatal Accidents Act 1976 allows close relatives of victims who qualify as a ‘dependent’ to claim lost financial support and a financial dependency payment, together with the value of services the deceased would have provided had they survived. The same provisions apply in England and Wales and similar provisions are found in many other jurisdictions.

Most claims are settled out of court without a court hearing becoming necessary. Whether you have secured compensation outside of the courtroom or by order of the court, we may be able to take robust action to enforce it.

We understand that having to wait to receive your financial compensation prolongs what has already been a distressing process. However, we will discuss with you what steps we can take to enforce the judgment or award and instigate payment of your compensation.

Enforcement

The judgment of a court in another country has no direct force beyond that jurisdiction. This includes consent orders approved by a court following an agreed settlement. This means we must follow a legal process to recover your compensation.

There are currently no international conventions to which the Bahamas is party in respect of enforcing foreign judgments. However, the Bahamas Supreme Court can ‘recognise’ a foreign judgment or award under the Reciprocal Enforcement of Judgments Act 1924 (REJA). This Act applies to civil judgments, awards and orders in any civil proceedings in certain countries.

The REJA enables us to take enforcement action where the judgment is from the UK courts, or the courts in Barbados, Bermuda, Jamaica, Leeward Islands, St. Lucia, Trinidad, British Guiana, British Honduras and Australia. If your award is from a country not covered by the REJA, we would need to start a new dependency claim in the Bahamas on your behalf.

Importantly, in order for us to follow the process under REJA, your order/judgment must have been secured within the previous 12 months. Also, the Supreme Court has discretion whether or not it is just and convenient to have it registered and enforced in the Bahamas. It will not be registered if, for example, it was obtained by fraud, it is against public policy or the foreign court had no jurisdiction to act.

Once recognised and registered in the Bahamas, you have 6 years in which to take the necessary steps to enforce it. In practice, we should start the enforcement process as soon possible to avoid further problems – and to help you move forward.

How we can help you

We provide robust and empathetic representation to the family and dependents of those who have been killed in fatal accidents, whether at home and abroad. For urgent legal advice, contact the fatal accident and personal injury team at ParrisWhittaker on +1.242.352.6112 or info@parriswhittaker.com

If you prefer, send us an email and request a call back.