The recent sitting of Senate has seen significant legislative amendments introduced. One amendment in particular that has caused great discussion is that of the property rights now afforded to Permanent Residence Certificate Holders (“PRC Holders”). For clarification, a PRC holder is one who has obtained a Permanent Resident’s Certificate by the Minister under section 31A […]
On 22 December 2014, counsel for the Corporation of Hamilton (the “Corporation”) initiated proceedings to challenge the constitutionality of certain amended sections of the Municipalities Act 1923 (the “Act”) (the “Proceedings”). On 26 January 2015, the Minister of Home Affairs (the “Minister”) exercised his right under section 7B(6) of the Act and provided notice to […]
In Canada, the Access to Information Act provides the public the right of access to information under the control of a federal government institution. In the USA, the Freedom of Information Act allows for the disclosure of documents controlled by the United States government to the public. In the UK, the Freedom of Information Act […]
2014 also saw the introduction of the Trustee (Special Provisions) Amendment Act 2014 (the “Act”) which provides statutory clarity and certainty with respect to the powers settlors can reserve or grant over a trust without calling into question the validity of the trust structure. The powers enshrined in this legislation are expected to attract a […]
In the case of Abu Dhabi Commercial Bank PJSC v Algosaibi Trading Services Limited [2014] SC (Bda) 71 Com (12 September 2014), the Chief Justice delivered an ex tempore judgment which clarified what the position is when a registered office purports to resign. It confirmed the traditional view held by many commercial practitioners that section […]
In its 2014 decision, the Court of Appeal considered Chief Justice Kawaley’s first instance 2013 decision to order the production of trust documents to a beneficiary notwithstanding that the trust deed contained an information control mechanism designed to prevent disclosure of financial information unless the Protector (who was also the principal beneficiary) consented.
An important decision came from the Court of Appeal this year relating to the issue of whether a party has submitted to the jurisdiction in proceedings outside of Bermuda. In Kader Holdings Company Limited v Desarrollo Inmoniliario Negocios Industriales De Alta Technologia De Hermosilio, S.A. De CV [2013] CA (Bda) 13 Civ (10 March 2014), […]
In the world of cross border insolvencies, two important judgments in the Privy Council have clarified three issues which have great significance, not just for Bermuda, but all offshore jurisdictions which have insolvency provisions based on the English model, whether 1948 Companies Act or Insolvency Act 1986. The facts have been well reported and do […]
The United Kingdom (the “UK”) is party to many international treaty obligations but how far do these international treaty obligations extend to UK territories? This question was considered in the recent case of BEST v Minister of Home Affairs [2014] SC (Bda) 61 App (6 August 2014). Given the legal autonomy Bermuda has to the […]
The Ministry of Finance v E,F,H &O [2014] SC (Bda) Civ 43 (30 May 2014) The Ministry of Finance v O [2014] SC (Bda) 60 Civ (17 July 2014)
