Greater scrutiny of applications to serve proceedings out
of Bermuda is inevitable following a ruling by the
island's Supreme Court. The decision also highlights an
apparent gap in Bermuda's rules. Chief Justice Ian
Kawaley in The Majuro Investment Corporation v
Vasile Timis and others [2015] SC (Bda) 87 Civ set aside
a previous order granting the plaintiff permission to serve
proceedings on overseas defendants under Order 11 rule 1(1)(c)
of the Rules of the Supreme Court of
Bermuda (RSC) for, among other
things, showing no "viable adverse claim"
against the so-called anchor defendant.
In reaching his decision, the Chief Justice considered both
whether the applicant had met the requirements for permission
under that particular gateway of the RSC and whether it had,
more broadly, satisfied the court that this was an appropriate
case for leave to serve the writ out of the jurisdiction, in
the exercise of its discretion.
