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  • Article

    Court Of Appeal Affirms That Confidentiality Orders Should Be Rare

    The Court of Appeal strongly disagreed with this logic and ordered that the appeal should in any event be public.
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Bermuda Court Hands Down First Decision Under Statutory Re Hastings-Bass Provision

    In July 2014 the Bermuda legislature enacted the Trustee Amendment Act 2014. The effect of this statutory reform was to insert a new section 47A into the Trustee Act 1975.
    BermudaLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Important Bermuda Trust Decision Concerning Settlor's Wishes

    The intersection between the court's power to bless the decision of a trustee and the impact of a settlor's wishes on trustee
    BermudaLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    In The Courts In 2017: An Appleby Review Of Offshore Court Decisions

    It is once again time for Appleby's round-up of significant decisions handed down by the courts of our various jurisdictions in the preceding year.
    WorldwideLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Bermuda RSC Amended To Require Leave To Bring Derivative Actions

    From 9 July 2018, derivative actions commenced in Bermuda may not be continued without leave from the Supreme Court.
    BermudaLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Important Bermuda Decision Concerning Confirmation Of Actions Of Invalidly Appointed Trustees

    The Chief Justice of Bermuda has handed down an important decision dealing with the power of the court to intervene
    BermudaLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Five Litigation Guides Authored For Chambers Global Practice Guides, 2021

    We recently authored litigation guides for the five offshore law jurisdictions we advise on for the Chambers Global Practice Guides, 2021:
    BermudaLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Change Of Governing Law And The Resettlement Of Trusts

    A recent decision of the Bermuda Supreme Court has dealt with the question of whether a change of governing law of a trust and disapplication of the rule against perpetuities will result in a resettlement of the trust.
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Common Law Enforcement Of A Foreign Judgment In The BVI: The Invest Bank Case

    In order for a foreign judgment to be enforced in the BVI, it must either be: (1) registered and recognised as enforceable under the Reciprocal Enforcement of Judgments Act 1922; or ...
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Piercing The Veil Of Privilege: The Iniquity Exception

    Conyers represented the successful respondent trustees in the recent Court of Appeal decision in Wang, Ven Jiao v Grand View PTC & Ors [2021] Civil Appeal No.4, in which the Court refused...
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    The Supreme Court Of Bermuda Exercises "statutory Hastings-Bass" Jurisdiction In Setting Aside A Flawed Variation To A Trust Deed

    In a judgment dated 25 January 2021, the Supreme Court has exercised the jurisdiction arising under section 47A of the Trustee Act 1975 to set aside a variation of a trust (which itself had followed a successful application ...
    BermudaLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen
  • Article

    Arbitrating In Bermuda: The Need For A Dedicated Alternative Dispute Resolution Centre

    In the 1990's Bermuda sought to take advantage of the growing need for resolving disputes in international trade and commerce by arbitration rather than by litigation in national courts.
    BermudaLitigation, Mediation & Arbitration
    Cox Hallett Wilkinson Limited
    Cox Hallett Wilkinson Limited
  • Article

    Q&A With Jeffrey Elkinson, Director In The Litigation Department

    In the November edition of the Private Client & Trust Bulletin, we sat down with Conyers Director, Jeffrey Elkinson.
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    Vicarious Liability At The Christmas After-Party

    With the holiday season fast approaching and with it the obligatory work related holiday parties, a recent ruling in the UK regarding the vicarious liability of an employer in respect of an injury...
    BermudaLitigation, Mediation & Arbitration
    Appleby
    Appleby
  • Article

    Enforcement Of Arbitral Awards: Bermuda, BVI, Cayman Islands, Guernsey, Irish And Jersey Law

    As the use of arbitration as a means of dispute resolution has grown in popularity, there has been a marked increase in the need for arbitral awards to be recognised and enforced in offshore jurisdictions.
    WorldwideLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Article

    Court Of Appeal: Important Security For Costs Decision

    The Chief Justice of the Supreme Court of Bermuda struck out a constitutional claim made by the Allied Trust and Allied Development Partners Limited in relation to the voiding of the Waterfront agreements.
    BermudaLitigation, Mediation & Arbitration
    MJM Limited
    MJM Limited
  • Article

    Access To Court Records

    We have previously written a post about the Supreme Court's decision in Bermuda Press (Holdings) v Registrar of the Supreme Court in which the Chief Justice considered the public's right of access...
    BermudaLitigation, Mediation & Arbitration
    MJM Limited
    MJM Limited
  • Article

    Are You Being Served? Lessons From The English Court Of Appeal

    The English Court of Appeal's decision in Khan v D'Aubigny is a must-read for litigators, tackling the perennial issue of valid service...
    BermudaLitigation, Mediation & Arbitration
    Harneys
    Harneys
  • Article

    Bermuda Supreme Court Rejects Regulatory Claims: A Landmark Ruling On The Singapore Take-over Code And Kingboard

    On 18 August 2025, the Supreme Court of Bermuda delivered its judgment in the case of Annuity & Life Re Ltd and Pope Asset Management LLC v Kingboard Copper Foil Holdings Ltd and Others...
    BermudaLitigation, Mediation & Arbitration
    Conyers
    Conyers
  • Article

    In The Matter Of The AB Settlement [2022] SC (Bda) 92 Civ

    The recent judgment issued by the Supreme Court of Bermuda in the case of In the Matter of the AB Settlement [2022] SC (Bda) 92 Civ provides very helpful authority on the question...
    BermudaLitigation, Mediation & Arbitration
    Carey Olsen
    Carey Olsen

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