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  • Article

    Understanding Bermuda's Proposed Payment Services Act: Licensing Framework And Next Steps

    A proposed new Payment Services Act will replace the Money Service Business Act 2016, introducing a tiered risk-based licensing framework and three activity categories: digital facility providers...
    BermudaFinance and Banking
    Walkers
    Walkers
  • Article

    An Introduction To Offshore Trusts

    With decades of prominence in the private wealth sphere, many of the world's oldest and largest trusts are Bermuda trusts, meaning that the jurisdiction frequently yields internationally important cases, such as, recently...
    BermudaLitigation, Mediation & Arbitration
    Appleby
Appleby
  • Article

    Bermuda's Government And Legal System

    Litigants in Bermuda must negotiate a legal system that combines deep historical roots with a modern approach that increasingly accommodates specialisation.
    BermudaLaw Department Performance
    Appleby
    Appleby
  • Article

    Best Value For Money Contingency Fees?

    Best Value For Money Contingency Fees?
    BermudaLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Don't Let Sleeping Dogs Lie: Intentional Delay And Contumelious Conduct In Civil Litigation

    In HSBC v Vigilante et al [2024] SC (Bda) 74, the Supreme Court of Bermuda struck out proceedings for delay, in what appears to be the first reported (or otherwise electronically available) civil case in Bermuda struck out because of the contumelious conduct of the claiming party.
    BermudaLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Enforcement Of Foreign Judgments In Bermuda At Common Law

    The judgment creditor in Bermuda can seek final judgment in Bermuda by way of Bermuda's summary judgment procedure, a faster procedure than the normal trial process.
    BermudaLitigation, Mediation & Arbitration
    Canterbury Law Limited
    Canterbury Law Limited
  • Article

    Heads Up, LADS!

    In a recent Supreme Court decision the Chief Justice has made an important ruling with potentially wide implications.
    BermudaCorporate/Commercial Law
    MJM Limited
    MJM Limited
  • Article

    The Buck Stops Here: The Limits Of Bankers' Quincecare Duty For Push Payment Fraud

    Fiona Lorraine Philipp v Barclays Bank UK PLC [2021] concerned a couple, the victims of a "push payment" fraud, who were unable to recover damages from their bank for failing to prevent the...
    BermudaCriminal Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Indemnity Costs And Issue-Based Costs Orders In The Bermuda Court Of Appeal

    The Court of Appeal for Bermuda has lately clarified two important aspects of the law of litigation costs in Bermuda: the test for indemnity costs and the availability of issue-based costs awards
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Following In The Footsteps Of Schmidt

    The case of Re Information About A Trust concerned an application by a beneficiary seeking disclosure of information about a trust.
    BermudaWealth Management
    Appleby
    Appleby
  • Article

    The Appleby 2012 Offshore Round-Up: Fund Disputes

    A summary of the key decisions handed down in the litigation involving investment funds in the leading offshore jurisdictions during 2012.
    BermudaWealth Management
    Appleby
    Appleby
  • Article

    Part 3: The Effect Of Reserved Powers Legislation

    As set out in Parts 1 and 2, a settlor who retains too much power and control in relation to a trust and its assets is at risk of creating an illusory trust, either because there is a failure of the irreducible core obligations necessary for a valid trust ...
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Privy Council Abolishes Shareholder Exception To Legal Advice Privilege

    On 24 July 2025, the Judicial Committee of the Privy Council (the Privy Council or the Board), the highest court of appeal for Bermuda and several...
    BermudaCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Sequana And The Creditor Duty: An Offshore Perspective

    The Supreme Court's judgment is a landmark decision of significant importance in the arena of company law and directors' duties.
    BermudaCorporate/Commercial Law
    Carey Olsen
    Carey Olsen
  • Article

    Bermuda Introduces Bribery Act Legislation

    The Bribery Act, 2016 will come into force on 1 September 2017.
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Bermuda's Statutory Hastings Bass - If I Could Turn Back Time

    IMAGINE YOUR CLIENT IS A BENEFICIARY OF A TRUST which provides the trustee wide discretionary powers over trust distributions.
    BermudaWealth Management
    Appleby
    Appleby
  • Article

    Privy Council Issues Landmark Decision On Freezing Injunction Jurisdiction

    In Convoy Collateral Ltd v Broad Idea International Ltd and Cho Kwai Chee [2021] UKPC 24, the majority judgment of Lord Leggatt in the Privy Council upheld the decision in Black Swan, overruling the Eastern Caribbean Court of Appeal, ...
    GlobalLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Trust Protectors: Watchdogs Or Independent Decision Makers? Part 3: An Analysis Of The Arguments In Favour Of The Wide And Narrow View Of Protector Consent Provisions

    It has been said that the narrow view of protector consent provisions has the effect of limiting the role of the protector.[1] To this, Kawaley AJ in X Trusts said:
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Appleby Successfully Enforces An English Judgment Before The Supreme Court Of Mauritius

    The Applicant is a company incorporated in the Isle of Man. It is the investment arm of the Dubai-based Dallah Albaraka Group, a prominent business enterprise in Saudi Arabia and the Middle East.
    GlobalWealth Management
    Appleby
    Appleby
  • Article

    Offshore Case Digest: Issue No. 8 - Bermuda, The British Virgin Islands And The Cayman Islands

    The Offshore Case Digest offers readers a high level summary of the major commercial cases decided in Bermuda, the British Virgin Islands and the Cayman Islands between July 2014 and October 2014.
    GlobalWealth Management
    Conyers
    Conyers
  • Showing 81–100 of 129 results

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