Tax Residency Change to Economic Substance Act
The Economic Substance Act 2018 (the “Economic Substance Act”) was established in direct response to concerns raised by the Council of the European Union concerning the absence of economic substance…
Ribaroff v Williams & Others
In January this year we acted for the Plaintiff against five Defendants in a claim for damages for breach of a Sale & Purchase Agreement of a Bermudian fund management company. The Defendants were directors and shareholders of the fund management company and had negotiated a staged management buyout from the Plaintiff vendor. The Plaintiff […]
Staying Power
Article 8 UNCITRAL Model Law In September of this year we acted on a very significant international commercial dispute where the question arose as to whether proceedings in Bermuda would be stayed pending the determination of arbitral proceedings in Canada which would deal with the central question of whether a previous settlement agreement extended to […]
In the Matter of an Application for Information about a Trust
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.
Important Court of Appeal Decision – Kader
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), […]
2014 Privy Council Cases of Note: The Singularis Holdings case and the Saad Investments case
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 Relevance of International Legal Obligations Relating to Environmental Impact Assessments to Bermuda
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 […]
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.
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 […]
MJM Limited Presents to Hamilton Rotary Club Members
On June 10 2014, MJM Limited presented to the Hamilton Rotary Club Members on debt collection, recovery and the enforcement of judgment process in Bermuda. Presenting to approximately 25 members, Litigation Associate Kimberley D. Caines explained the process of debt recovery in the Magistrate’s Court and the Supreme Court of Bermuda. Guiding the attendees through […]
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 […]
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