MJM

MJM’s Bermuda Law Blog Celebrates 5 Years! A Behind the Scenes Peek Into How It All Began

March 2018 marks the 5th anniversary of the Bermuda Law Blog. Developed in 2013 as a way to communicate legal trends and topics relevant to Bermuda, including policy developments, cases,…

Death and Your Digital Data, Continued: How Far Have We Come?

“There is only one kind of shock worse than the totally unexpected: the unexpected for which one has refused to prepare.” Mary, Renault, The Charioteer In May 2013, I wrote about…

Guarantees and Independent Legal Advice

It is well recognised that in the context of certain types of banking transactions a presumption of undue influence can arise. An example of this would be where an individual…

Redaction Action

It is always reassuring when a decision of the court validates and confirms the adage that the law is largely just “common sense with knobs on” (in the words of…

The Family Business: Succession and Stewardship Estate Planning Considerations for Transitioning the Family Business into the Hands of the Next Generation

Bermuda has many resourceful and hard-working business proprietors. Each one loves the enterprise he or she has built and for many, the hope is that it will continue many years…

Proposed Relaxation of ‘60:40 Rule’

The recent Budget announcement by the Bermuda government included one significant policy proposal which has the power to provide a welcome stimulus to the Bermuda economy over the course of…

Immigration Developments Impacting International and Local Businesses

There have been a number of developments in immigration laws and policies this year which have and will impact international and local businesses in Bermuda. The Incentives for Job Makers Act 2011(59 KB PDF) came into force in 2012 which introduced changes to the Economic Development Act 1968 (“the EDA Act”) and the Bermuda Immigration […]

2013 Case of Note: KFC Case Illustrates Need for Labour Law Reform

In March 2013, the Chief Justice issued a decision in the case of Kentucky Fried Chicken (Bermuda) Ltd v Minister of Economy Trade & Industry and the Bermuda Industrial Union [2013] Bda LR 19 (381 KB PDF). Kentucky Fried Chicken (Bermuda) Ltd. (“KFC”) sought judicial review of the Minister of Economy Trade & Industry’s (the […]

2013 Case of Note: Fifth Street Finance Corporation v David Dobbin

In this case, Fifth Street Finance v D Dobbin [2013] SC (Bda) 55 Com (313 KB PDF), Alan Dunch and Tim Frith of MJM acted on behalf of Fifth Street Finance Corporation in the recovery of $4,000,000 as money due under a Guarantee and Indemnity Agreement dated September 28th, 2009. The principal debtor whose debts […]

2013 Case of Note: In Privy Council — Selassie (Appellant) and Pearman (Appellant) v The Queen (Respondent)

The Judicial Committee of the Privy Council (the “Board”) is the highest court of appeal for cases from Bermuda to be heard. When a case has reached the Privy Council, the issues to be considered by the Board are typically on points of law. On 8 October 2013, the Board handed down a judgment which […]

2013 Throne Speech: A brief summary of the parliamentary agenda

The One Bermuda Alliance Government has promised to continue to make revitalisation of the Bermuda economy its primary focus as it enters its second year in power. The promise featured prominently in Government’s Throne Speech (777 KB PDF) which marked the beginning of a new session of the Bermuda Legislature, and in which the one […]

Funds legislation amendments aimed at attracting new business to Bermuda

The Investment Funds Amendment Act 2013 (the “Amendment”) (70 KB PDF) has recently been enacted to introduce changes to Bermuda’s Investment Funds Act 2006 (the “Act”), the legislation which provides the regulatory framework for the formation and management of investment funds in Bermuda. The Amendment’s objective is to increase the attractiveness of Bermuda fund formation […]

2013 Case of Note: Director of Land Valuation v Samuel Andrew Banks [2012] CA

Land tax payments scrutinized on newly built properties… Director of Land Valuation v Samuel Andrew Banks [2012] CA (Bda) 12 Civ (13 June 2013) (630 KB PDF) This civil case has been ongoing for several years concerning the owners (“the Banks”) and their property named “Gatewood” in Paget. The Banks disputed the annual rental value […]