{"id":112242,"date":"2025-09-10T11:49:16","date_gmt":"2025-09-10T11:49:16","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=112242"},"modified":"2025-09-10T11:55:39","modified_gmt":"2025-09-10T11:55:39","slug":"bermuda-enforcement-judgments","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/bermuda-enforcement-judgments\/","title":{"rendered":"Bermuda: Enforcement of Judgments in Civil and Commercial Matters"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-112242","comparative_guide","type-comparative_guide","status-publish","hentry","guides-enforcement-judgments","jurisdictions-bermuda"],"acf":[],"appp":{"post_list":{"below_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Wakefield Quin<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2022\/03\/Untitled-design-1-3.jpg\"\/><\/span><\/div>"},"post_detail":{"above_title":"<div class=\"guide-author-details\"><span class=\"guide-author\">Wakefield Quin<\/span><span class=\"guide-author-logo\"><img src=\"https:\/\/my.legal500.com\/guides\/wp-content\/uploads\/sites\/1\/2022\/03\/Untitled-design-1-3.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Enforcement of Judgments in Civil and Commercial Matters laws and regulations applicable in Bermuda<\/span><div class=\"guide-content\"><div class=\"filter\">\r\n\r\n\t\t\t\t<input type=\"text\" placeholder=\"Search questions and answers...\" class=\"filter-container__search-field\">\r\n\t\t\t<\/div>\r\n\r\n\t\t\t\r\n\r\n\r\n\t\t\t<ol class=\"custom-counter\">\r\n\r\n\t\t\t\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What international conventions, treaties or other arrangements apply to the enforcement of foreign judgments in your jurisdiction and in what circumstances do they apply?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>In Bermuda, the regime for the enforcement of foreign judgments is succinctly set out in two statutory instruments, namely, the <em>Judgments (Reciprocal Enforcement) Act 1958,<\/em> which we herein refer to as \u201c<strong>the Act<\/strong>\u201d, as well as the <em>Judgments (Reciprocal Enforcement) Rules 1976<\/em>, which we herein refer to as \u201c<strong>the Rules<\/strong>\u201d.<\/p>\n<p>The Act and the Rules apply to the enforcement of judgments which were handed down by the superior courts of the United Kingdom. Section 1 (1) of the Act defines the following foreign courts as \u201csuperior courts of the United Kingdom\u201d: the High Court in England, the Court of Session in Scotland, the High Court in Northern Ireland, the Court of Chancery of the County Palatine of Lancaster or the Court of Chancery of the County Palatine of Durham, and includes judgments given in any courts on appeals against any judgments so given.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, reservations has your jurisdiction made to such treaties?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The regime for the registration of foreign judgments in Bermuda is set out in the Act and the Rules. Once registered, the judgment may be enforced using one or more of the enforcement mechanisms set out in the <em>Rules of the Supreme Court 1985. <\/em>The enforcement regime is independent of any international treaties; this question is not applicable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can foreign judgments be enforced in your jurisdiction where there is not a convention or treaty or other arrangement, e.g. under the general law?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, as stated at question 2 above, foreign judgments of the superior courts of the United Kingdom can be enforced in Bermuda, even though there are no treaties in place for doing so. The judgments of these courts are enforced by virtue of the provisions of the Act and the Rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What basic criteria does a foreign judgment have to satisfy before it can be enforced in your jurisdiction? Is it limited to money judgments or does it extend to other forms of relief?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Section 2 of the Act provides that in order to be enforceable in Bermuda, a judgment which was handed down by a superior court in the United Kingdom must be final and conclusive as between the parties. In addition to this, the judgment must be in respect of the payment of a sum of money, not being a sum payable in respect of taxes or other charges of a like nature or in respect of a fine or other penalty. By virtue of section 2 (3) of the Act, the Supreme Court of Bermuda will determine that a judgment is final and conclusive, notwithstanding that an appeal may be pending against it.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the procedure for enforcement of foreign judgments pursuant to such conventions, treaties or arrangements in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Foreign judgments are enforced first by registration by the Supreme Court of Bermuda. Once the foreign judgment has been registered, it is enforceable in the usual manner.<\/p>\n<p>Section 3 of the Act provides that the judgment creditor must apply to the Supreme Court before the expiration of six years from the date the judgment was entered, or in the case of an appeal, after the date the appeal was determined. It is important to note that a judgment will not be registered by the Supreme Court of Bermuda if it has been wholly satisfied or, if it could not be enforced by execution in the United Kingdom.<\/p>\n<p>Section 3 of the Act also provides that if at the date of an application for registration, a foreign judgment has been partly satisfied, the judgment will not be registered in respect of the whole sum of the judgment, but rather for the remaining balance payable as of the date of the application.<\/p>\n<p>Once a foreign judgment is registered, it may be enforced in one or more of the following ways as provided for in Bermuda\u2019s <em>Rules of the Supreme Court 1985<\/em>:<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>Enforcement by way of a writ of fieri facia;<\/li>\n<li>Enforcement by way of examination of the judgment debtor\u2019s means;<\/li>\n<li>Enforcement by way of garnishee proceedings;<\/li>\n<li>Enforcement by way of appointing a receiver;<\/li>\n<li>Enforcement by way of an order for committal; or<\/li>\n<li>Enforcement by way of a writ of sequestration<\/li>\n<\/ol>\n<p>Once a foreign judgment has been entered, the judgment creditor may summons the judgment debtor to the Supreme Court for an examination of their means to satisfy the debt. During the Examination of Means proceedings, the judgment debtor will take an oath and will answer questions related to their income and expenses, their assets and liabilities and whether they are the beneficiary to a will. At the conclusion of the Examination of Means proceedings, the judgment creditor may enforce the judgment in one or more of the ways set out at (a) through (f) above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">If applicable, what is the procedure for enforcement of foreign judgments under the general law in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>See the answer to question 5 above.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What, if any, formal requirements do the courts of your jurisdiction impose upon foreign judgments before they can be enforced? For example, must the judgment be apostilled?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Supreme Court of Bermuda requires the party who wishes to register the judgment (the judgment creditor) to file an application for leave to register the foreign judgment. Section 4 of the Rules provides that the application must be supported by an Originating Summons and section 2 of the Rules provides that the application must also be accompanied by an affidavit in support. The affidavit in support must state the full name, title, trade or business and usual or last known place of abode or business of the judgment creditor and judgment debtor respectively. It must also provide the court with a chronology of the relevant background facts.<\/p>\n<p>Section 2 of the Rules provides that the applicant\u2019s affidavit must also include a statement which confirms that to the best of the applicant\u2019s information and belief, the judgment creditor is entitled to enforce the judgment and that the judgment does not fall within one or more of the prohibited categories set out at section 4 of the Act. The affidavit must also exhibit the judgment or a verified or certified copy of the same.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">How long does it usually take to enforce or register a foreign judgment in your jurisdiction? Is there a summary procedure available?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Is it possible to obtain interim relief (e.g. an injunction to restrain disposal of assets) while the enforcement or registration procedure takes place?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Neither the Act nor the Rules contain provisions which enable judgment creditors to obtain interim relief while the registration procedure takes place. However, in the case of <strong><em>Berliner Bank AG v Karageorgis &amp; Silver Carriers SA [1997] Bda LR 37, <\/em><\/strong>the Supreme Court of Bermuda granted an <em>ex parte<\/em> Mareva injunction to prevent the disposition of assets before the judgment was registered. The application for interim relief in this case was filed after the application for registration was filed, but before the judgment was registered.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What is the limitation period for enforcing a foreign judgment in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>By virtue of section 3 of the Act, an application for the registration of a foreign judgement must be filed before the expiration of six years from the date the judgment was entered by a superior court in the United Kingdom.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">On what grounds can the enforcement of foreign judgments be challenged in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Registration is the first step in any enforcement proceedings. Once a foreign judgment has been registered, the judgment debtor may file an application for an order that the registration be set aside. Registration of the foreign judgment <u>must<\/u> be set aside if the Supreme Court of Bermuda determines that one or more of the following grounds has been satisfied:<\/p>\n<ol style=\"padding-left: 0\" type=\"i\">\n<li>Section 3 of the Act provides that the judgment will be set aside if the judgment was registered after the expiration of six years from the date the judgment was entered; or<\/li>\n<li>That the judgment was in respect of an interlocutory decision as opposed to a final decision of a superior court of the United Kingdom (See section 2 (1)(a) of the Act); or<\/li>\n<li>That the judgment is in respect of a sum payable for taxes or other charges of a like nature or in respect of a fine or other penalty (See section 2 (1) (b) of the Act); or<\/li>\n<li>That the court of the United Kingdom had no jurisdiction in the circumstances of the case (See section 4 (1)(a)(ii) of the Act); or<\/li>\n<li>That the judgment debtor, being the defendant in the proceedings giving rise to the registered judgment did not receive notice of those proceedings in sufficient time to enable him to defend the proceedings and did not appear (See section 4 (1)(a)(iii) of the Act); or\u00a0 vi. That the judgment was obtained by fraud (See section 4 (1) (a)(iv)of the Act); or<\/li>\n<li>That the rights under the judgment are not vested in the person by whom the application for registration was made (See section 4 (1)(a)(v) of the Act).<\/li>\n<\/ol>\n<p>If the Supreme Court of Bermuda is satisfied that one or more of the above grounds exists, registration of the judgment <u>must <\/u>be set aside. In addition to this, section 4 (1)(b) of the Act provides that the court has the discretionary power to set aside registration if it is satisfied that the matter in dispute in the proceedings giving rise to the registered judgment had, previous to the date judgment was entered, been the subject of a final and conclusive judgment by a court having jurisdiction in the matter.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Will the courts in your jurisdiction reconsider the merits of the judgment to be enforced?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>The Supreme Court of Bermuda will not reconsider the merits of a judgment. If, however the judgment creditor files an application to set aside registration, the Court will be required to consider the following issues in order to determine whether registration of the judgment should be set aside:<\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>Whether the judgment is final and conclusive;<\/li>\n<li>Whether the superior court of the United Kingdom had jurisdiction to hear the matter;<\/li>\n<li>Whether the judgment debtor received notice of the proceedings in sufficient time to enable him to defend the proceedings;<\/li>\n<li>Whether the judgment was obtained by fraud; and<\/li>\n<li>Whether the rights under the judgment are vested in the person by whom the application for registration was made.<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Will the courts in your jurisdiction examine whether the foreign court had jurisdiction over the defendant? If so, what criteria will they apply to this?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the Supreme Court of Bermuda will consider whether the superior courts of the United Kingdom had jurisdiction over the defendant to the action on an application to set aside registration of the judgment. The Supreme Court will determine that the superior court of the United Kingdom had jurisdiction, where at least one of the following criteria has been satisfied:<\/p>\n<p><em>In the case of judgments entered against a person (s): <\/em><\/p>\n<ol style=\"padding-left: 0\" type=\"i\">\n<li>the judgment debtor, being a defendant in the proceedings giving rise to such judgment, must have submitted to the jurisdiction of that court by voluntarily appearing in such proceedings, otherwise than for the purpose of protecting, or obtaining the release of, property seized, or threatened with seizure in such proceedings or of contesting the jurisdiction of the court; or<\/li>\n<li>the judgment debtor must be a plaintiff in, or counterclaimed in, the proceedings giving rise to such judgment; or<\/li>\n<li>the judgment debtor, being a defendant in the proceedings giving rise to such judgment, must have, before the commencement of such proceedings, agreed, in respect of the subject matter thereof, to submit to the jurisdiction of the court giving such judgment or of the courts of the United Kingdom; or<\/li>\n<li>the judgment debtor, being a defendant in the proceedings giving rise to such judgment, must have at the time when such proceedings were instituted resident in, or being a body corporate had its principal place of business in, the United Kingdom; or<\/li>\n<li>the judgment debtor, being a defendant in the proceedings giving rise to such judgment, must have an office or place of business in the United Kingdom and such proceedings were in respect of a transaction effected through or at such office or place.<\/li>\n<\/ol>\n<p><em>In the case of judgments entered in respect of moveable or immoveable property:\u00a0 <\/em><\/p>\n<p>The Supreme Court of Bermuda must be satisfied that the property which is the subject of the proceedings is situated in the United Kingdom.<\/p>\n<p><em>The Supreme Court of Bermuda will determine that a superior court of the United Kingdom does not have jurisdiction in the following cases:\u00a0 <\/em><\/p>\n<ol style=\"padding-left: 0\" type=\"a\">\n<li>If the subject of the proceedings was immovable property situated outside the United Kingdom; or<\/li>\n<li>If the judgment debtor, being a defendant in the proceedings giving rise to a registered judgment, was a person who under the rules of public international law was entitled to immunity from the jurisdiction of the courts of the United Kingdom and did not submit to the jurisdiction thereof; or<\/li>\n<li>If the bringing of the proceedings giving rise to a registered judgment was contrary to an agreement under which the dispute in question was to be settled otherwise than by proceedings in the courts of the United Kingdom. It is important to note however that the following exceptions apply to this rule:\n<ol style=\"padding-left: 5\" type=\"i\">\n<li>The rule does not apply where the judgment debtor submitted to the jurisdiction of the superior court by voluntarily appearing;<\/li>\n<li>The rule does not apply if the judgment debtor counterclaimed in the proceedings giving rise to the foreign judgment;<\/li>\n<li>The rule does not apply if the judgment debtor being a defendant in the proceedings had before the commencement of the proceedings, agreed to submit to the jurisdiction of the foreign court; and<\/li>\n<li>The rule does not apply if the jurisdiction of the foreign court is recognized by the law of Bermuda.<\/li>\n<\/ol>\n<\/li>\n<\/ol>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts in your jurisdiction impose any requirements on the way in which the defendant was served with the proceedings? Can foreign judgments in default be enforced?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the Rules contain provisions with respect to the manner in which service must be effected. The application for leave to register the judgment must be served on the judgment debtor in the same manner that a writ or summons is served, as provided for in the <em>Rules of the Supreme Court 1985.<\/em> Specifically, the judgment creditor must personally serve its application for leave to register the judgment on each judgment debtor or his agent.<\/p>\n<p>Section 5 of the Rules states that once leave has been granted, the order granting leave must also be personally served on the judgment debtor.<\/p>\n<p>Once the judgment has been registered, notice in writing of the registration of the judgment must be served on the judgment debtor within a reasonable time after the registration. The notice of registration must contain the full particulars of the judgment and the order granting leave for registration, and must also state the name and address of the judgment creditor or his counsel.<\/p>\n<p>Section 9 of the Rules provides that the notice must be personally served on the judgment debtor, unless a judge of the Supreme Court orders otherwise.<\/p>\n<p>Within three days of the date of service, the judgment creditor must indorse on the notice (or a copy of the notice) the date of service. The affidavit of service must also state the date the notice was served on the judgment debtor. Otherwise, the judgment creditor will not be permitted to execute the judgment.<\/p>\n<p>Section 11 of the Rules provides an exception to the three-day rule, namely that if service cannot be effected within three days, the three-day rule may under special circumstances be extended by order of a Judge.<\/p>\n<p>The Supreme Court of Bermuda treats foreign default judgments in the same manner it treats foreign judgments. The judgment creditor of a default judgment must similarly file an application for leave to register the default judgment in accordance with the provisions of the Act and the Rules.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts in your jurisdiction have a discretion over whether or not to recognise foreign judgments?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are there any types of foreign judgment which cannot be enforced in your jurisdiction? For example can foreign judgments for punitive or multiple damages be enforced?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, there are certain foreign judgments which cannot be enforced in Bermuda. Judgments which were handed down in connection with certain prohibited matters cannot be enforced. These prohibited matters are set out at section 1 (2) of the Act and includes:<\/p>\n<ul style=\"padding-left: 0\">\n<li>Judgments handed down in connection with matrimonial matters,<\/li>\n<li>Judgments handed down in connection with the administration of estates of deceased persons,<\/li>\n<li>Judgments handed down in connection with bankruptcy, winding up of companies,<\/li>\n<li>Judgments handed down in connection with lunacy or guardianship or infants.<\/li>\n<\/ul>\n<p>As previously stated, it is important to note that the Supreme Court of Bermuda will not enforce a judgment where a superior court of the United Kingdom did not have jurisdiction to hear the matter.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can enforcement procedures be started in your jurisdiction if there is a pending appeal in the foreign jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, enforcement proceedings may be commenced if there is a pending appeal in connection with the judgment. However, judgment creditors must always be mindful that the judgment debtor may file an application for the registration of the judgment to be set aside.\u00a0 Section 5 (1) of the Act expressly provides that if on an application to set aside a registration, the applicant satisfies the Supreme Court either that an appeal against the judgment is pending, or that he is entitled to and intends to appeal the judgment, the Supreme Court may set aside registration of the judgment until after the expiration of a period which the Court determines is reasonable.<\/p>\n<p>Once the appeal has been determined however, if the judgment is upheld, the judgment creditor may file a further application to register the judgment. Section 5 (2) of the Act provides that where registration is set aside by reason of an appeal pending, or solely for the reason that the judgment was not, at the date of the application for registration enforceable, the setting aside of the registration will not operate to prevent a further application to register the judgment once the appeal has been determined.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can you appeal a decision recognising or enforcing a foreign judgment in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>A judgment debtor may not appeal the Supreme Court\u2019s decision to register a foreign judgment. The judgment debtor may instead challenge this decision by filing an application for the registration to be set aside.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can interest be claimed on the judgment sum in your jurisdiction? If so on what basis and at what rate?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, once registered in Bermuda, interest can be claimed on the value of the foreign judgment in the same manner that interest is claimed on Supreme Court judgments.<\/p>\n<p>Section 1 of t<em>he Interest and Credit Charges (Regulation) Act 1975 <\/em>provides that interest accrues on the balance of judgment debt at a statutory rate of 3.5% per annum.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Do the courts of your jurisdiction require a foreign judgment to be converted into local currency for the purposes of enforcement?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, section 3 (4) of the Act provides that where the sum payable under a foreign judgment is expressed in a foreign currency, the judgment will be registered in Bermuda currency, on the basis of the rate of exchange prevailing at the date of the judgment, to ensure that the value of the judgment is equivalent to the sum so payable.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Can the costs of enforcement (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers and other professionals) be recovered from the judgment debtor in your jurisdiction?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, the Act provides a mechanism for the recovery of the costs of enforcement. Section 3 (7) of the Acts provides that in addition to the sum payable under a judgment, including any interest which by the law of the United Kingdom becomes due under the judgment up to the time of registration, the judgment will be registered for the reasonable costs of and incidental to the registration, including the costs of obtaining a certified copy of the judgment.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Are third parties allowed to fund enforcement action in your jurisdiction? If so, are there any restrictions on this and can third party funders be made liable for the costs incurred by the other side?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Yes, third parties are permitted to fund the costs of enforcement proceedings in Bermuda. However, third party funders must be aware of the fact that the Supreme Court of Bermuda may make third party costs in certain instances. In the Bermuda case of <strong><em>Majuro Investment v Vasile Timis et al [2016] SC (Bda) 22 Com <\/em><\/strong>for instance, the Supreme Court made a costs order against a third party who provided funding to a Plaintiff whose conduct amounted to a misuse of the Court\u2019s processes.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">What do you think will be the most significant developments in the enforcement process in your jurisdiction in the next 5 years?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>Developments in Bermuda&#8217;s judgment enforcement include advancements in virtual court proceedings and technology use, the introduction of electronic case management systems, and the establishment of a public beneficial ownership register to aid enforcement efforts. While core enforcement mechanisms under the Act and common law are still in place, the legal framework is adapting to new challenges with increased efficiency, transparency, and technology integration.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country ratified the Hague Choice of Courts Convention 2005, and if so when did it (or will it) come into force? If not, do you expect it to in the foreseeable future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>No, Bermuda has not ratified the <a href=\"https:\/\/www.google.com\/search?sca_esv=9435af18d49acddf&amp;cs=0&amp;q=Hague+Choice+of+Court+Convention+2005&amp;sa=X&amp;ved=2ahUKEwiJ0OHY-JuPAxWJLFkFHfKqKLMQxccNegQIAxAB&amp;mstk=AUtExfA2QfPajHtMyCTQSDz6cbJdW-Vzzyhp9bYSLk8TVEqLNXhWDusr9G529iD5W2soj5CcluOWEzpIh8CrnhHOExJbm9gZNfT8CtKMUsjprA3FphR9h4LV-7Sz4LY3SudDp27SHn5hGPWOGB8MWWPNPbYHb5X_71faXEzjbfIk5OHDqF0d8L9oYSRZn-Q5A7hehDW3&amp;csui=3\">Hague Choice of Court Convention 2005<\/a><a href=\"https:\/\/www.google.com\/search?sca_esv=9435af18d49acddf&amp;cs=0&amp;q=Hague+Choice+of+Court+Convention+2005&amp;sa=X&amp;ved=2ahUKEwiJ0OHY-JuPAxWJLFkFHfKqKLMQxccNegQIAxAB&amp;mstk=AUtExfA2QfPajHtMyCTQSDz6cbJdW-Vzzyhp9bYSLk8TVEqLNXhWDusr9G529iD5W2soj5CcluOWEzpIh8CrnhHOExJbm9gZNfT8CtKMUsjprA3FphR9h4LV-7Sz4LY3SudDp27SHn5hGPWOGB8MWWPNPbYHb5X_71faXEzjbfIk5OHDqF0d8L9oYSRZn-Q5A7hehDW3&amp;csui=3\">;<\/a> it is a matter for the United Kingdom to extend the convention, and while the UK has extended the more recent 2019 convention, Bermuda has not yet been included.<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\t\t\t\t\t<li class=\"question-block filter-container__element\">\r\n\t\t\t\t\t\t<h3 class=\"filter-container__match-html\">Has your country ratified the Hague Judgments Convention 2019, and if so when did it (or will it) come into force? If not, do you expect it to in the foreseeable future?<\/h3>\r\n\t\t\t\t\t\t<button id=\"show-me\">+<\/button>\r\n\t\t\t\t\t\t<div class=\"question_answer filter-container__match-html\" style=\"display:none;\"><p>N\/A<\/p>\n<\/div>\r\n\r\n\r\n\t\t\t\t\t<\/li>\r\n\r\n\t\t\t\t\r\n<div class=\"word-count-hidden\" style=\"display:none;\">Estimated word count: <span class=\"word-count\">3992<\/span><\/div>\r\n\r\n\t\t\t<\/ol>\r\n\r\n<script type=\"text\/javascript\" src=\"\/wp-content\/themes\/twentyseventeen\/src\/jquery\/components\/filter-guides.js\" async><\/script><\/div>"}},"_links":{"self":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide\/112242","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/comparative_guide"}],"about":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/types\/comparative_guide"}],"wp:attachment":[{"href":"https:\/\/my.legal500.com\/guides\/wp-json\/wp\/v2\/media?parent=112242"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}