{"id":143498,"date":"2026-07-10T11:10:31","date_gmt":"2026-07-10T11:10:31","guid":{"rendered":"https:\/\/my.legal500.com\/guides\/?post_type=comparative_guide&#038;p=143498"},"modified":"2026-07-10T11:10:31","modified_gmt":"2026-07-10T11:10:31","slug":"bermuda-litigation","status":"publish","type":"comparative_guide","link":"https:\/\/my.legal500.com\/guides\/chapter\/bermuda-litigation\/","title":{"rendered":"Bermuda: Litigation"},"content":{"rendered":"","protected":false},"template":"","class_list":["post-143498","comparative_guide","type-comparative_guide","status-publish","hentry","guides-litigation","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\/2026\/06\/wakefield-quin-logo.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\/2026\/06\/wakefield-quin-logo.jpg\"\/><\/span><\/div>","below_title":"<span class=\"guide-intro\">This country specific Q&amp;A provides an overview of Litigation 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 are the main methods of resolving disputes 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>Commercial disputes in Bermuda are primarily resolved through litigation in the courts or through alternative dispute resolution (ADR), principally mediation and arbitration. The substantial volume of insurance and reinsurance business transacted in Bermuda has given rise to a particularly distinctive form of arbitration known as the \u2018Bermuda Form\u2019 arbitration, under which insurance policies \u2013 typically subject to New York law \u2013 provide for disputes to be resolved by arbitration seated in either Bermuda or London.<\/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 are the main procedural rules governing litigation 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>First instance proceedings in the Supreme Court are governed by the Rules of the Supreme Court 1985 (the \u2018RSC\u2019), which closely follow the pre-CPR practice in England and Wales (with amendments), including the addition of an overriding objective at Order 1A.<\/p>\n<p>The Court of Appeal for Bermuda is governed by its own procedural rules \u2013 the Rules of the Court of Appeal for Bermuda 1965 \u2013 which deal with all procedural aspects of appeals.<\/p>\n<p>The courts may also issue ad hoc practice directions addressing procedural matters, such as the standard directions to trial described further below.<\/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 structure and organisation of local courts dealing with claims in your jurisdiction? What is the final court of appeal?<\/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>Civil jurisdiction in Bermuda is shared between the Magistrates Court (which handles claims up to $25,000) and the Supreme Court. In practice, commercial disputes are almost invariably brought in the Supreme Court, which includes a dedicated commercial court in which proceedings are heard by specially designated commercial judges, including the Chief Justice. There are separate (higher) fees for commercial court matters.<\/p>\n<p>Appeals from the Supreme Court lie with the Court of Appeal for Bermuda, which sits three times per year (generally in March, June and November). Further appeal lies with the Judicial Committee of the Privy Council, which serves as Bermuda\u2019s final court of appeal.<\/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 typically take from commencing proceedings to get to trial 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>The time to trial in the Supreme Court varies considerably depending on the complexity of the case and the number of contested interlocutory applications. For straightforward matters, or where the court considers expedition justified (for example, in urgent injunction applications), matters can be resolved quickly (within a matter of days or weeks). As a general guide, the typical timeframe from issuing proceedings to trial is approximately 12 to 18 months, although complex matters can take significantly longer.<\/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 hearings held in public and are documents filed at court available to the public in your jurisdiction? Are there any exceptions?<\/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>Trials in the Supreme Court are generally conducted in public. The court does, however, have a discretion to direct that any hearing (or part of it) be held in private where the interests of justice so require \u2013 for instance, in cases involving highly confidential information or commercially sensitive material. Insolvency proceedings and many interlocutory applications are typically heard privately in chambers.<\/p>\n<p>While proceedings are ongoing, documents on the court file are generally not available to members of the public, save for the originating process and any court orders, which may be inspected at any time unless the court file has been sealed. Members of the public seeking access to documents referred to in open court hearings must make a formal application. After proceedings have concluded, a broader category of documents may be accessed on application.<\/p>\n<p>Judgments and rulings are published online.<\/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, are the relevant limitation periods 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>Limitation periods in Bermuda are governed by the Limitation Act 1984. The standard periods for the most common categories of claim are as follows:<\/p>\n<ul>\n<li>Contract: 6 years<\/li>\n<li>Tort: 6 years<\/li>\n<li>Breach of trust: 6 years<\/li>\n<li>Actions on a specialty or for recovery of land: 20 years<\/li>\n<li>Enforcement of judgments or arbitration awards: 20 years<\/li>\n<\/ul>\n<p>These periods are subject to exceptions. In particular, where a claim arises from fraud or deliberate concealment, the limitation period does not begin to run until the date on which the fraud or concealment was discovered or could with reasonable diligence have been discovered.<\/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, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?<\/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>There is no formal pre-action protocol applicable to commercial matters in Bermuda, and no express requirement to engage with a prospective defendant before issuing proceedings. In practice, however, it is standard for parties to exchange pre-action correspondence before commencing a claim \u2013 a practice consistent with the overriding objective, which requires cases to be dealt with proportionately, expeditiously, and with early identification of the issues in dispute.<\/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 are proceedings commenced in your jurisdiction? Is service necessary and, if so, is this done by the court (or its agent) or by the parties?<\/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>Proceedings in the Supreme Court may be commenced by writ, originating summons, petition or originating motion, with the appropriate form determined by the nature of the relief sought.<\/p>\n<p>Service is effected by the plaintiff rather than the court. In the absence of an agreed or ordered alternative, individuals in Bermuda must ordinarily be served personally, and Bermudian companies must be served at their registered office. A defendant\u2019s Bermudian attorney may accept service on the defendant\u2019s behalf.<\/p>\n<p>Where a defendant is located outside the jurisdiction, the plaintiff must apply to the Supreme Court for leave to serve outside of the jurisdiction. Such an application is frequently accompanied by a request for substituted service (for example, by email or recorded mail). Service outside Bermuda is generally permitted by any method that is not contrary to the law of the country in which service is effected.<\/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 does the court determine whether it has jurisdiction over a claim 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>The Bermuda court will ordinarily have jurisdiction where the defendant can be validly served within Bermuda, or where the defendant has submitted (or contractually agreed to submit) to the jurisdiction or has taken unconditional steps in local proceedings.<\/p>\n<p>Where a defendant cannot be served in Bermuda, the court may nonetheless accept jurisdiction on one of the grounds set out in RSC Order 11 \u2013 for example, where the claim relates to a tort causing damage in Bermuda, or to a contract made in, or governed by the law of, Bermuda.<\/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 does the court determine which law governs the claims 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>Bermuda\u2019s conflict of laws rules follow English common law as it stood before the United Kingdom joined the European Union.<\/p>\n<p>For tortious claims, the court looks to the place where the tort was committed. Where the tort occurred outside Bermuda, the double actionability rule applies: the conduct must be actionable both under Bermuda law and under the law of the country where it occurred.<\/p>\n<p>For contractual claims, the court will give effect to any express choice of law. Where no express choice has been made, the court will seek to identify an implied choice of law, and in default will apply the law of the jurisdiction with which the contract has its closest connection.<\/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\">In what circumstances, if any, can claims be disposed of without a full trial 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>Several routes are available for early disposal of claims.<\/p>\n<p><strong>Default judgment: <\/strong>In claims for a liquidated sum, a plaintiff may enter judgment in default if the defendant fails to file a defence. In unliquidated claims, judgment in default may still be entered but damages will need to be separately assessed.<\/p>\n<p><strong>Summary judgment: <\/strong>Subject to certain exceptions (including claims in libel, slander or fraud), where a defendant has filed a defence, the plaintiff may apply for summary judgment on the basis that the defendant has no real defence to the claim or part of it.<\/p>\n<p><strong>Strike out: <\/strong>The court may strike out a pleading under its inherent jurisdiction or under RSC Order 18, rule 19 if it discloses no cause of action or defence, is scandalous, frivolous or vexatious, may prejudice or delay the fair trial of the action, or otherwise constitutes an abuse of process.<\/p>\n<p><strong>Preliminary issue: <\/strong>The court may order the determination of a discrete preliminary issue where doing so is likely to resolve the proceedings in their entirety.<\/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, are the main types of interim remedies available 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>The Supreme Court has jurisdiction to grant a range of interim remedies, including orders for the preservation or inspection of property and interim payments. The most frequently sought interim remedy is the interim injunction, which can in urgent cases be obtained on an <em>ex parte<\/em> basis even before the originating process has been issued.<\/p>\n<p>&nbsp;<\/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\">After a claim has been commenced, what written documents must (or can) the parties submit in your jurisdiction? What is the usual timetable?<\/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 usual pleadings sequence in the Supreme Court is: a generally endorsed writ (or a specially endorsed writ incorporating the statement of claim), followed by the defence, and then a reply. Once pleadings have closed, the parties exchange lists of documents for discovery, followed by witness statements. In appropriate cases there may be reply witness statements and\/or expert reports. In advance of trial, the parties exchange skeleton arguments and may also produce lists of issues, chronologies, key persons, and closing submissions.<\/p>\n<p>On 6 January 2025, the Chief Justice issued a practice direction setting out a standard timetable for civil and commercial cases which may be varied to meet the needs of the case. The standard post-discovery timetable is:<\/p>\n<ul>\n<li>Parties to provide available hearing dates within 7 days<\/li>\n<li>Evidence to be filed and served within 14\u201321 days<\/li>\n<li>Reply evidence to be filed and served within 14\u201321 days thereafter<\/li>\n<li>Plaintiff to provide an agreed hearing bundle 7 days before the hearing<\/li>\n<li>Plaintiff to file and serve a skeleton argument 7 days before the hearing<\/li>\n<li>Defendant to file and serve a skeleton argument 3 days before the hearing<\/li>\n<\/ul>\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, are the rules for disclosure of documents in your jurisdiction? Are there any exceptions (e.g. on grounds of privilege, confidentiality or public interest)?<\/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>Disclosure \u2013 referred to as \u2018discovery\u2019 in Bermuda \u2013 is governed by RSC Order 24. The parties are required to give mutual discovery of documents in their possession, custody or power that are relevant to the matters in issue, with relevance assessed under the broad <em>Peruvian Guano<\/em> test (ie documents that not only directly support or undermine either side\u2019s case, but also those that may lead a party onto a train of enquiry to such documents).<\/p>\n<p>Unless the court orders otherwise, the parties must exchange lists of documents within 14 days of the close of pleadings, though bespoke arrangements (including sophisticated electronic discovery protocols) are common in large commercial cases. The court has broad case management powers to tailor discovery to the circumstances.<\/p>\n<p>It is important to distinguish discovery from production: discovery involves disclosing the existence of a document; production involves making it available for inspection. A party may resist production (but not discovery) on the ground of privilege. Bermudian law recognises both legal advice privilege and litigation privilege.<\/p>\n<p>Where documents are particularly sensitive, the parties may agree a confidentiality regime restricting who may see them or preventing their reference in open court, but confidentiality alone does not provide a basis for resisting discovery or production.<\/p>\n<p>There are narrow statutory public interest exceptions (for example, under Regulation 4(1) of the Public Service Commission Regulations 2001), but these rarely arise in commercial cases.<\/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 is witness evidence dealt with in your jurisdiction (and in particular, do witnesses give oral and\/or written evidence and what, if any, are the rules on cross-examination)? Are depositions permitted?<\/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>Bermuda employs both affidavits and witness statements, used in different contexts.<\/p>\n<p>Affidavits (formally sworn before filing) are used for interlocutory applications, where live evidence and cross-examination are unlikely. Witness statements (signed but not sworn) are used at trial and stand as the witness\u2019s evidence-in-chief. Unless a hearsay notice has been validly served, all witnesses who have provided witness statements must be tendered for oral cross-examination at trial.<\/p>\n<p>While RSC Order 39 is headed \u2018Evidence by deposition\u2019, it provides for examination before a court-appointed examiner rather than the US-style pre-trial deposition. US depositions are not used in Bermudian litigation.<\/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 expert evidence permitted in your jurisdiction? If so, how is it dealt with (and in particular, are experts appointed by the court or the parties, and what duties do they owe)?<\/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>Expert evidence is permitted in appropriate cases. Where both parties agree that expert evidence is required, no court application is needed; where there is disagreement, the party wishing to adduce expert evidence must seek leave. Experts are ordinarily appointed by the parties (either independently, with one expert per side, or as a single joint expert), though their overriding duty is to the court rather than to the party instructing them. There is also a lesser-used provision at RSC Order 40 for the appointment of a \u2018court expert\u2019.<\/p>\n<p>Typically, the parties\u2019 experts exchange reports and then meet to identify areas of agreement and disagreement, producing a joint statement. Experts who remain in disagreement on any issue attend trial for cross-examination.<\/p>\n<p>Bermudian courts expect experts to be genuinely independent and will take a dim view of any expert who appears to be acting as an advocate for the party that instructed them.<\/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 final and interim decisions be appealed in your jurisdiction? If so, to which court(s) and within what timescale?<\/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>Both final and interlocutory decisions of the Supreme Court may be appealed to the Court of Appeal, though leave is required to appeal interlocutory decisions (from either the Supreme Court or the Court of Appeal itself).<\/p>\n<p>A final decision may be appealed as of right within six weeks. An application for leave to appeal an interlocutory decision must be made to the Supreme Court within 14 days; if refused, the application may be renewed in the Court of Appeal within seven days. Once leave has been granted, the appeal must be filed within seven days.<\/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 are the rules governing enforcement of foreign judgments 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>The enforcement of foreign judgments in Bermuda is regulated by the Judgments (Reciprocal Enforcement) Act 1958 and the common law.<\/p>\n<p>A judgment of a foreign court of competent jurisdiction (ie a court with jurisdiction over the defendant by reason of presence in or submission to that jurisdiction) may be enforced in Bermuda by bringing a fresh action for the sum outstanding, provided: (a) the judgment is final and conclusive between the same parties; (b) it is for a fixed sum of money (and not a tax, fine or penalty); (c) it was not obtained by fraud or in breach of natural justice; and (d) enforcement would not be contrary to Bermuda public policy. The plaintiff issues a writ in Bermuda pleading the foreign judgment and may then seek default judgment or summary judgment based on that judgment.<\/p>\n<p>A foreign judgment that requires something other than the payment of money cannot be directly enforced in Bermuda, but may create an issue estoppel, enabling the plaintiff to commence fresh proceedings in Bermuda for equivalent relief while the defendant is precluded from re-litigating matters already decided in the foreign proceedings \u2013 in practice, often leading to summary 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\">Can the costs of litigation (e.g. court costs, as well as the parties\u2019 costs of instructing lawyers, experts and other professionals) be recovered from the other side 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>The general rule in Bermuda is that costs follow the event: the losing party pays the winning party\u2019s costs. Most costs orders are made on the standard basis, which typically results in recovery of around 65\u201375% of actual costs incurred. The court may award costs on the higher indemnity basis where the paying party has conducted itself unreasonably in the litigation.<\/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, are the collective redress (e.g. class action) mechanisms 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>There is no class action regime in Bermuda. The closest equivalent is a \u2018representative proceeding\u2019 under RSC Order 15, rule 12, which permits a party to bring or defend proceedings on behalf of, or against, a group of persons with the same interest. The parties to be represented must consent to the representation and to consolidation, and the court must grant leave.<\/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, are the mechanisms for joining third parties to ongoing proceedings and\/or consolidating two sets of proceedings 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 defendant may join a third party to existing proceedings (with leave) by issuing a third party notice under RSC Order 16, where the defendant claims a contribution or indemnity from the third party, claims substantially the same relief as is claimed against the defendant by the plaintiff, or requires a question or issue relating to the subject matter to be determined as between all relevant parties.<\/p>\n<p>The Supreme Court may consolidate two or more sets of proceedings where they raise a common question of law or fact, or where the relief claimed arises from the same transaction or series of transactions, or where consolidation is otherwise desirable in the interests of justice. Consolidation may be accompanied by a direction that the matters be tried simultaneously, consecutively, or with one stayed pending resolution of the other.<\/p>\n<p>The court may also direct that proceedings be case-managed and heard together without formal consolidation.<\/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 litigation 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>Bermuda has no legislation specifically restricting or regulating third-party funding of litigation. The Supreme Court has upheld third-party funding arrangements on the basis that they promote access to justice and support the fair hearing rights guaranteed by the Bermuda Constitution.<\/p>\n<p>Notwithstanding its general support for funding arrangements, the Supreme Court has not hesitated to make costs orders against third-party funders in appropriate circumstances \u2013 for example, where the proceedings have been brought primarily for the benefit of the funder, or where the funder has in practical terms been directing the litigation. Costs on the indemnity basis have been ordered against funders where they have incorporated a vehicle specifically to fund unmeritorious litigation in an attempt to circumvent the local costs regime.<\/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 main advantage and the main disadvantage of litigating international commercial disputes 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>The principal advantage of litigating international commercial disputes in Bermuda is the depth of specialist expertise available. Bermuda is a mature and sophisticated international financial centre, and its judiciary and legal profession have extensive experience of large, complex, high-value commercial disputes with cross-border or multi-jurisdictional dimensions. The jurisdiction has a well-developed body of case law drawing not only on its own courts but also on English superior court decisions (which are highly persuasive). The Court of Appeal benefits from the participation of senior judges from England and Wales, and the Supreme Court has specialist commercial judges. The availability of the UK Privy Council as the final appellate court \u2013 comprising the same judges who sit on the UK Supreme Court \u2013 provides commercial parties with considerable reassurance as to the quality and consistency of the ultimate appellate process. Together, these features make Bermuda a predictable and well-regarded forum for resolving international commercial disputes.<\/p>\n<p>The main disadvantage at present is the courts\u2019 continued reliance on hard-copy document filings and the use of revenue stamps as the mechanism for paying court fees, though this is an area that the current Chief Justice has identified as a priority for modernisation.<\/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 most likely growth area for commercial disputes in your jurisdiction for 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>Bermuda has seen a marked increase in merger appraisal litigation in recent years, in which minority shareholders whose shares have been compulsorily acquired by majority shareholders ask the court to determine the fair value of those shares. This line of cases has generated significant jurisprudence from the Supreme Court and the Court of Appeal, and with Privy Council decisions still anticipated, the trend is expected to continue.<\/p>\n<p>The ongoing maturation of Bermuda\u2019s insurance and reinsurance market is also expected to drive an increase in the volume of arbitrated coverage disputes and related commercial litigation.<\/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, will be the impact of technology on commercial litigation 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>The COVID-19 pandemic accelerated the adoption of technology in Bermudian court proceedings, and those gains have been sustained. Large commercial cases already make extensive use of electronic discovery platforms, remote hearing facilities, real-time transcription services, and electronic bundles. Looking ahead, the current Chief Justice is actively exploring the introduction of a bespoke electronic case management system that would allow parties to file documents and pay court fees online \u2013 a development that would significantly modernise the court\u2019s administrative processes and is likely to be implemented within the next five years.<\/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\">3579<\/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\/143498","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=143498"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}