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ARTICLE · 06 DECEMBER 2017

There Is A Right To Privacy – Even In The Offshore World

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The Supreme Court of Bermuda (Kawaley CJ) handed down a decision revisiting the existing practice of hearing applications to restructure Bermuda law trusts in private when appropriate.

BermudaLitigation, Mediation & Arbitration
Scott Pearman
Scott Pearman
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The Supreme Court of Bermuda (Kawaley CJ) handed down a decision revisiting the existing practice of hearing applications to restructure Bermuda law trusts in private when appropriate.

In the Matter of the G Trusts [2017] SC (Bda) (15 November 2017) discussed and determined three substantive trust law issues (which are each addressed in separate 'Conyers Alerts'), but the Court also engaged with recent media critiques of offshore 'secrecy' after the publication of stolen material.

In a robust defence of the fundamental right to privacy, the Court upheld the right of applicants to restructure trusts in camera where the circumstances justified confidentiality for private matters:

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