Employment Tribunals: The Good, the Bad and the Ugly
The employment tribunal system was established to provide an employee the regime in which to make a formal complaint that their employer has violated the Employment Act 2000 (the “Act”).…
Meeting matters: The Chairman’s power of adjournment
The recent Bermuda case of Oung James v Paladin Ltd [2014] SC (Bda) 67 Com considered the procedural validity of an adjournment of a Special General Meeting (the “Meeting”) by the exercise of the Chairman’s general power to conduct the meeting.
2014 Proposed Amendments to Bermuda’s AML/ATF Legislation – Expansion of the Definition of Politically Exposed Persons
Changes in Bermuda’s Anti-Money Laundering and Terrorist Financing (“AML/ATF”) Legislation will be addressed in Parliament in order to bring the technical components into compliance with the 2012 Revised Financial Action Task Force (“FATF”) 40 recommendations (the “Recommendations”).
Local vs. Exempted Companies in Bermuda
What is the difference between a local and exempted Company in Bermuda? At the time of incorporation, a Bermuda company must be registered either as a local or exempted company. A local company is one that is incorporated by Bermudians to trade primarily in Bermuda. An exempted company is one that is incorporated by non-Bermudians […]
Protective Costs Orders considered for the first time in Bermuda Courts
The 2014 matter involving the Bermuda Environmental Sustainability Task Force (“BEST”) and the Minister of Home Affairs [2014] SC (Bda) 73 App (18 September 2014) raised interesting legal points as it relates to environment and planning law. The substantive matter is discussed in a further article by my colleague Jessica Kemmenoe in another post.
Justice Today: Human Rights Since Emancipation
On July 10, 2014, the Centre for Justice presented a conference entitled “Justice Today: Human Rights Since Emancipation” which commemorated the 180 years that have passed since Emancipation in Bermuda. The conference was organized as part of the Centre’s mandate to promote education in the areas of human rights, civil liberties and administration of justice […]
Financial Abuse of the Elderly – An Elephant in the Room
The Bermuda statistics on aging in Bermuda should be a wake-up call to all of us that our senior citizens require greater legal protection than our laws currently offer. By 2020 there will be 30 seniors (aged 65 and over) for every 100 persons of working age (aged 15 to 64). By the same year, […]
Bermuda’s new funds regime receiving international recognition
There was further recent evidence that Bermuda’s revolutionary approach to updating its funds regime has attracted a great deal of interest and support from those working in this business sector. Invaluable feedback received from New York decision makers in round table meetings in May 2013 prompted the collaborative efforts of the Bermuda Monetary Authority (BMA), […]
Companies Amendment Act 2014
The Companies Amendment Act 2014 introduced new provisions with regard to the ability of local and exempt companies to acquire land in Bermuda. It should be noted that consent is still required from the Minister of Economic Development in relation to corporate landholding; however, the Minister’s decision will be guided by the provisions of the […]
Growth in new company registrations – Bermuda moving in the right direction
In a positive sign for Bermuda’s economy, Education and Economic Development Minister Dr. Grant Gibbons recently released results showing that the midyear total of new company registrations in 2014 stood higher than any midyear totals for the last five years. The total of 19,151 local and exempted entities on the register at the end of […]
Distracted Driving — Current Case Law
In December 2012, I wrote an article on the case of Farnworth v R [2012] Bda LR 44 (151 KB PDF). This particular case provided guidance on the definition of a hand-held device which was in use while driving. Furthermore, it illustrated that the definition of ‘use’ with regards to a hand-held device was quite wide. In […]
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