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  • Article

    Investment Fund Administrators: Liability For "Gross Negligence"

    At trial, the judge found that BOB had been guilty of gross negligence in its performance of the NAV calculations.
    BermudaFinance and Banking
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Trust Litigation In Bermuda's Financial Landscape

    If you've seen the hit HBO series Succession then you may have already formed a sense of the machinations and intrigue that can occur when ultra-high-net-worth families fall out with each other...
    BermudaFinance and Banking
    Conyers
    Conyers
Article

Lost In Translation: International Sanctions In Bermuda

On 29 January 2016, Bermuda's Supreme Court handed down its ruling in Cornhill Natural Resources Fund Limited v Libyan Investment Authority, et al.
BermudaInternational Law
Conyers
Conyers
  • Article

    A Split Victory: Costs Ruling In Afiniti, Ltd. v Chishti

    In a recent decision of the Bermuda Court of Appeal, the judgment in Afiniti, Ltd. v Chishti offered a nuanced costs ruling following an appeal with mixed outcomes.
    BermudaLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Bermuda Supreme Court Decision Puts Spotlight On Issues With Bringing Directors' Liability Claims

    Greater scrutiny of applications to serve proceedings out of Bermuda is inevitable following a ruling by the island's Supreme Court.
    BermudaCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    Law Firm Disruption: The Inevitability Of Blockchain Everywhere

    You should have already heard of the term: blockchain.
    BermudaCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Privy Council Considers The Personal Liability Of Trustees

    On 23 April 2018, judgment was handed down by the Privy Council in the long running dispute of Investec Trust (Guernsey) Limited and another v Glenalla and others.
    BermudaFinance and Banking
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    The Evolution Of The "Watchdog" Role Of Protectors

    Assistant Justice Dr Ian Kawaley of the Supreme Court of Bermuda has provided a seminal judgment on the role of Protectors in offshore trusts.
    BermudaCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Thought Leaders – Commercial Litigation 2023 – Q&A

    John Wasty leads Appleby Bermuda's litigation and insolvency teams. John has been at Appleby for 15 years, having previously practiced at leading firms in London and Hong Kong, and has been admitted in six jurisdictions.
    BermudaInsolvency/Bankruptcy/Re-Structuring
    Appleby
    Appleby
  • Article

    Update To The Adler High Court Decision: The UK's Court Of Appeal Overturns The High Court's Approval Of The Adler Restructuring Plan

    Following the English High Court's written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023 (you can see our deep dive on this decision here)...
    BermudaInsolvency/Bankruptcy/Re-Structuring
    Conyers
    Conyers
  • Article

    Musical Chairs And The Offshore Judiciary

    2018 has already seen a number of important judicial appointments, and retirements, at the courts of the major offshore financial centres. The new appointments, however, contain many familiar names.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Service Of Foreign Process On Bermuda Resident Persons And Entities Under The Hague Convention

    Bermuda, as a British Overseas Territory, is a party to the Hague Convention on the Service Abroad of Judicial and Extra-Judicial Documents in Civil or Commercial Matters (the Convention) ...
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Supreme Court Of Bermuda Applies Pro-Enforcement Approach In Enforcing Foreign Arbitration Award

    The enforcing party (CAT) argued that, having taken this approach, Priosma had forfeited its right to reargue the point before the Bermuda Court.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Supreme Court Of Bermuda Revisits Seldom-Relied Upon Quia Timet Jurisdiction Of The Old Courts Of Chancery

    In what proved to be a late Christmas present for the board of International Investments Enterprises Ltd (IIEL), Harneys Bermuda successfully invoked the now seldom relied upon quia timet, "because he fears" jurisdiction of the Supreme Court of Bermuda.
    BermudaLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Terrorism's Impact Upon Privity Of Contract In Bermuda

    The link between terrorism and the erosion of privity of contract in Bermuda is not immediately discernible.
    BermudaCorporate/Commercial Law
    Harneys
    Harneys
  • Article

    A Seismic Shift To Certainty: "Substratum" And The Proper Construction Of Trust Deeds

    The decision will be of particular interest to trustees in the common law jurisdiction, having reaffirmed the test to be applied when determining the validity of a trustee's purported exercise of a power.
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Cross-Border Disputes: Discovery And Evidence From Third Parties

    Discovery (also known as disclosure) is the process whereby the parties in Bermuda court proceedings disclose relevant documents to each other so that each party...
    BermudaLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Changes To Bermuda's Beneficial Ownership Regime

    On 23 March 2018 Bermuda brought into operation legislation requiring all Bermuda companies, except those that are exempted, to obtain information regarding their beneficial owners...
    BermudaCorporate/Commercial Law
    Conyers
    Conyers
  • Article

    Trust Protectors: Watchdogs Or Independent Decision Makers? Part 4: The Possibility Of Drafting To Remove Any Uncertainty

    If the settlor's intention is to give the protector the wide role as espoused in Piedmont, it is important to address this specifically in relation to provisions requiring the protector's consent.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Magistrates' Court: A Summary Of Procedure

    Commencing a claim in a court of summary jurisdiction, also known as the Magistrates' Court, is a relatively straightforward process.
    BermudaLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Showing 41–60 of 129 results

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