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  • Article

    ‘Final Destination' Considered Key By Court Of Appeal In Flight Delay Liability Claims

    The Court of Appeal considered the availability of compensation for flight delays in circumstances where a passenger booked connecting flights with a non-community carrier, departing from an EU airport...
    United KingdomTransport
    Kennedys Law
    Kennedys Law
  • Article

    Bermuda Prepares For 5th Round Mutual Evaluation

    The Bermuda National Anti-Money Laundering Committee (NAMLC) recently published a draft Proceeds of Crime Miscellaneous Act 2025 (Bill) for consultation in preparation for Bermuda's 5th Round Mutual Evaluation...
    BermudaGovernment, Public Sector
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Filling The Coverage Gap – Emerging Risks And Innovation In Bermuda

    Recent insurer registrations reported by the Bermuda Monetary Authority (BMA) show that Bermuda continues to deliver on its established reputation for finding innovative solutions for...
    BermudaTechnology
    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

    Update On The Bermuda Personal Information Protection Act 2016

    The substantive provisions of the Bermuda Personal Information Protection Act 2016 (PIPA) are expected to come into operation later this year.
    BermudaPrivacy
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Removal Of An Arbitrator For Bias In A Bermuda Arbitration (According To A New York Court)

    For policies issued in the Bermuda market, (re)insureds and (re)insurers typically agree a fairly standardised "Bermuda style' arbitration and governing law clause which requires disputes...
    GlobalLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP
  • 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

    Recoverability Of Foreign Lawyers' Fees In The BVI, Cayman Islands And Bermuda

    This means that clients of Cayman Islands' firms with foreign international offices cannot recover the fees of lawyers in those offices in relation to Cayman legal
    BermudaFinance and Banking
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Judicial Review In Bermuda - A Procedural Guide

    In Bermuda, our superior court of first instance, the Supreme Court of Bermuda, has the power to judicially review the determinations of public decision makers.
    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

    The Personal Information Protection Act, 2016 Is Now In Force In Bermuda

    On 1 January 2025, the Personal Information Protection Act, 2016 ("PIPA"), finally came into full force and effect in Bermuda.
    BermudaPrivacy
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Taming The Wild West: Insuring The Emerging Offshore Digital Assets Industry

    The hardening of the insurance markets may have reduced the appetite for certain emerging risks but the increasing prevalence of so-called digital assets, including cryptocurrencies and initial coin offerings, ...
    BermudaTechnology
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Legal Advice Privilege: The Death Of The 'Shareholder Rule'

    While shareholders rightly view themselves as owners of the company in which they hold their shares, as any student of English company law will know from the seminal nineteenth century decision in Salomon v Salomon.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    A Flexible Approach To Funds And Asset Management

    The arrival of new entrants to the ILS market has demonstrated continued investor confidence in Bermuda as a domicile.
    BermudaWealth Management
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Supervision Of Asset Intensive Reinsurance In Bermuda: Recent Enhancements, What Is Still To Come And How Regulation Of Cedents Can Better Capture And Mitigate Risks

    The Bermuda Monetary Authority has published a White Paper entitled Evolution of Asset Intensive Insurance - Update to the Supervision and Regulation of Private Equity Insurers in Bermuda.
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Another Door Closes For Defendant Employers!

    The House of Lords handed down judgment on 2 July 2008 in the Scottish case of “Spencer- Franks –v- Kellogg Brown and Root Limited and Others (2008) UKHL 46”, which heralds a change of interpretation in how the Courts should look at whether an employer has breached the Provision and Use of Work Equipment Regulations [“PUWER”] 1998, which replaced the previous PUWER 1992 regulations.
    United KingdomEmployment and HR
    Kennedys Law
    Kennedys Law
  • Article

    Update On Beneficial Ownership Information Gathering In Bermuda

    There have been recent changes for Bermuda companies in relation to the gathering and registration of beneficial ownership details and more changes are on the horizon, following a consultation on proposed amendments to the Exchange Control Regulations 1973.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Commercial Lender Owes No Duty Of Care To Borrowers To Disclose Lending Policies

    In Deslauriers v Guardian Asset Management Limited [09.11.2017] (on appeal from the Court of Appeal of Trinidad & Tobago), the Board of the Judicial Committee of the Privy Council considered whether the respondent, ...
    BermudaFinance and Banking
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    High-Risk Leisure Activities: Climbing Wall Case – Appeal Court Overturns Decision

    A number of leisure and outdoor activities carry inherent risks, in this particular case, climbing and other so called “adrenaline” induced activities.
    United KingdomLitigation, Mediation & Arbitration
    Kennedys Law
    Kennedys Law
  • Article

    The LCIA Publishes A New Batch Of Decisions On Challenges To Arbitrators

    The LCIA's publication of 24 challenge decisions (2017–2022) highlights increased transparency, the difficulty of arbitrator challenges, their deterrent effect, and comparisons with global arbitral institutions.
    United KingdomLitigation, Mediation & Arbitration
    Kennedys Law LLP
    Kennedys Law LLP

Showing 41–60 of 135 results

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