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.

Trustees faced with a "momentous" decision concerning the affairs of a trust are well advised to seek prior sanction from their supervising court.

The Code will help underpin the jurisdiction's claim to regulatory excellence and adherence to international standards.

For most of us 2017 was the year when we first heard the word "blockchain".

In September 2017, the UK's Criminal Finances Act 2017 (the Act) came into force, creating two new offences:

Keeping adequate records and seeking disclosure at the earliest opportunity can prove vital to successfully defeating a claim.

This paper describes the process under Bermuda law by which an insurance company may transfer its corporate domicile to or from Bermuda.

Fears that the implementation of an "economic substance" regime in Bermuda might dent its prominent captive industry appear to have been misplaced.

As set out in Part 1, the terms "sham trust" and "illusory trust" both describe different things. It could therefore be argued that both terms have a place in the nomenclature of the future.

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.

Bermuda is internationally renowned for its thriving global reinsurance market and its status as a premier tourism destination.

Bermuda, like a number of other jurisdictions, has a statutory regime to facilitate corporate restructurings by enabling majority shareholders to "squeeze out" minority shareholders through an amalgamation or merger...

Following the case of “Hoddinott v Persimmon Homes [2007] EWCA Civ 1203”, reported in our February edition of Liability News, practitioners were concerned that if Defendants wished to rely on a limitation defence then, in accordance with CPR Part 11; notification should be given on the Acknowledgement of Service Form confirming that the Defendant was disputing the Court’s jurisdiction and an application had to be made within 14 days.

Irrespective of whether the protector's role is wide or narrow, it will occasionally be the case that the protector strays beyond the scope of the powers conferred upon him.

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.

The Bermuda Monetary Authority ("BMA") released a consultation paper, Operational Resilience and Outsourcing Code ("CP") on 14 January 2025, which outlines standards that the BMA has designed to bolster the financial service sector's ability to pre-empt, adapt, manage, recover from, and learn from operational disruptions.

The perception that the world's leading offshore financial centres are harmful "tax havens" that facilitate the avoidance of tax in onshore jurisdictions has led to intense pressure for OFCs to adopt onshore-led transparency ...

The House of Lords has overturned its own previous decision in the case of Stubbings v Webb [1993] AC 498 in which the House had unanimously decided that s11 of the Limitation Act 1980 did not apply to acts of deliberate assault (including acts of indecent assault), and allowed the appeals in the cases of A v Hoare, X and Another v Wandsworth London Borough Council, C v Middlesborough Council, H v Suffolk County Council, Young v Catholic Care (Diocese of Leeds) and Another.

The Bermuda Monetary Authority (BMA) has published a consultation paper entitled Proposed Enhancements to the Insurance Group Supervision Framework (CP).