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  • 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

    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

    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

    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

    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

    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

    Trustees: Insolvent Trusts And Conflicts Of Interest

    Trustees faced with a "momentous" decision concerning the affairs of a trust are well advised to seek prior sanction from their supervising court.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    The UK Criminal Finances Act 2017: Implications For Offshore Financial Providers

    In September 2017, the UK's Criminal Finances Act 2017 (the Act) came into force, creating two new offences:
    BermudaWealth Management
    Kennedys Law LLP
    Kennedys Law LLP
  • 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
  • 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

    New Codes Of Conduct For Insurance Intermediaries Will Help Maintain Bermuda's Reputation For Regulatory Excellence

    The Code will help underpin the jurisdiction's claim to regulatory excellence and adherence to international standards.
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    The Offshore Digital Assets Industry: Too Much Risk For Regulators, Banks And Insurers?

    For most of us 2017 was the year when we first heard the word "blockchain".
    BermudaTechnology
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Redomiciliation Of Insurers Under Bermuda Law

    This paper describes the process under Bermuda law by which an insurance company may transfer its corporate domicile to or from Bermuda.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    Bermuda Captive Industry – Still Substantially In The Lead

    Fears that the implementation of an "economic substance" regime in Bermuda might dent its prominent captive industry appear to have been misplaced.
    BermudaCorporate/Commercial Law
    Kennedys Law LLP
    Kennedys Law LLP
  • Article

    New Protection For Policyholders In The Event Of Insolvency

    The Insurance Amendment (No. 2) Act 2018 (the Act) has been passed in both the House of Assembly and the Senate and now awaits royal assent from the Governor.
    BermudaInsurance
    Kennedys Law LLP
    Kennedys Law LLP

Showing 41–60 of 111 results

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