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: Privy Council — Mutual Holdings (Bermuda) Limited and others
The Privy Council gave judgment this year on an appeal from the decision of the Court of Appeal of Bermuda in Mutual Holdings (Bermuda) Limited and others [2013] UKPC 13 (97 KB PDF). The major issue concerned an allegation of fraud made against three corporate and four personal defendants (who included ex employees of 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 […]
2013 Case of Note: Moyes & Co (UK) Limited v Northern Gulf Petroleum Holdings Limited
The 2012 Supreme Court decision in the case of Moyes & Co (UK) Limited v Northern Gulf Petroleum Holdings Limited [2012] Bda LR 77 (290 KB PDF), clarifies the Bermuda Court’s approach when considering an application to have a claim struck out. In this case, the Defendant attempted to have the action struck out pursuant […]
2013 Case of Note: The Bermuda Ombudsman v Corporation of Hamilton et al
The recent Supreme Court decision of The Bermuda Ombudsman v Corporation of Hamilton et al (420 KB PDF) [2013] SC (Bda) 72 Civ. which was handed down on 7 October 2013, sheds light on the authority that is vested in the office of the Ombudsman (the “Ombudsman”) and the weight that a summons issued by […]
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 […]