Understanding Your Legal Rights in Everyday Life
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Bermuda Judgment Highlights 2017 – Trust Cases
Church Bay Trust Co. Ltd. v Her Majesty’s Attorney General for Bermuda [2017] SC (Bda) 34 Civ (1 May 2017) In this case, the Plaintiff Trustee sought rectification of a Settlement on the grounds of mistake as the terms of the Trust Deed conferred a power upon the Trustee to add and exclude beneficiaries only […]
In the Matter of A Trust (Change of Governing Law) [2017] SC (Bda) 38 Civ (19 May 2017)
The Chief Justice has recently considered the impact of the Children Act 1998 (“the Act”) as amended by the Children Amendment Act 2002 (“the 2002 Amendments”) upon the ability of trustees to change the governing law of a foreign law trust to Bermuda. The 2002 Amendments, which came into force in January 2004, created a […]
The Good Samaritan
Recently in the news there have been increasing reports of rescue efforts and road accidents where members of the public have been praised for assisting the victims until emergency services personnel arrived. For some people, leaping to action in those circumstances is an instinctual response to seeing a fellow man or woman in need. But […]
New Bribery Act Coming Into Force
In December 2016, the legislature in Bermuda passed the Bribery Act 2016 (the “Act”) which will come into force on 1 September 2017. The Act is based on the UK Bribery Act 2010. Currently, there are several separate laws dealing with bribery and corruption offences in Bermuda, such as the Criminal Code 1907 (Section 111 […]
Supreme Court Creates Handbook to Help Guide Civil Litigants
“While, in the vast majority of cases, people exercise their right of access to justice through the services of a lawyer, over the last decade, there have been an ever increasing number of litigants in person appearing in the Bermuda Courts,” reads the Preface in the newly released Handbook for Civil Litigants in Person. Although […]
Landmark Court Ruling Permits Same-Sex Marriage in Bermuda
On May 5, 2017, Supreme Court Justice Charles-Etta Simmons ruled that the Registrar-General’s decision to reject a marriage application from a same-sex couple was discriminatory on the basis of sexual orientation, declaring that “same-sex couples are entitled to be married under the Marriage Act”. The case had been brought by Bermudian Winston Godwin and his […]
Costs in Regulatory Proceedings
In an important decision in November 2016, the Insurance Appeals Tribunal (the “IAT”) published in the press the text of its decision in relation to the jurisdiction to award costs in an appeal from a regulatory decision and appeal to the IAT under the Insurance Act 1978 (the “Act”). Normally in civil litigation the rule […]
Banking (Special Resolution Regime) Act 2016
This Act was passed in the first quarter of 2016 but has not yet become effective. It is a lengthy Act with a number of separate and detailed statutory mechanisms which work in conjunction with one another. The purpose of the Act is to address a situation where all or part of a bank’s business […]
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”). The process was designed to encourage the parties to settle their differences wherever possible. If the parties cannot reach an agreement and there are reasonable […]
Congratulations to the Supreme Court on its 400th Anniversary from the legal team at MJM Limited.
This Wednesday will see 400 continuous years of sitting of the Supreme Court in Bermuda since it first sat on the 15th June 1616. Congratulations on behalf of the legal team, managers and staff at MJM Limited!
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