The optimists among us look for "silver-linings" in these challenging times. One of these is affirmation of our capacity for innovation and adaptation as individuals and businesses

The British Virgin Islands (BVI) has gone "all in" to establish itself as a leading venue for international arbitrations, riding the current wave of popularity for resolving international commercial disputes through arbitration.

It is worth noting as a starting point that there is no requirement to appoint a protector. It has been suggested that the concept has been more popular in relation to offshore trusts because ...

The Royal Court of Guernsey's decision on the duties of directors is significant for the wider offshore financial services market and for D&O insurers.

Under the trusts laws of most commonwealth jurisdictions, where a court finds a trustee personally liable for a breach of trust, the court has discretion to relieve that trustee of personal liability...

It is well recognised that a trustee has a right to retain trust assets from a beneficiary in order to meet proper trust expenses and future contingent liabilities.

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.

Many Bermuda-registered companies are now subject to new beneficial ownership registration requirements by virtue of the Companies and Limited Liability (Beneficial Ownership) Amendment Act 2017, ...

These should be good times for the captive insurance sector and for other self-insurance arrangements.

The Court of Appeal Judgment in the case of Allison v London Underground Limited, concerning the construction of Regulations 4 and 9 of the Provision & Use of Work Equipment Regulations 1998 ("PUWER") was handed down on 13th February 2008.

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...

The procedure was first used in Bermuda in 1999 in the reorganisation of ICO Global Communications Limited, a case in which there was a strong US creditor base.

Anxiety claims under the 1997 Act may drop following a recent Court of Appeal decision.

A lawyer from Kennedys’ Liability Division was present when the Court of Appeal gave judgment this morning in the appeals of “Copley v Lawn” and “Maden v Haller”. The key issue in dispute was mitigation of loss in credit hire claims.

At 18:00 GMT on Sunday 5 November 2017, I, like many others living in offshore financial centres (OFCs), was poised to review the publication of the "Paradise Papers"...

This background note summarises the Government of Bermuda’s announcements foreshadowing a Competition Act 2026, and is the first in a series of short articles in respect of this proposed legislation.

The centrepiece of the proposed framework is the transformation of the existing Regulatory Authority into the Competition and Regulatory Authority (CRA). Whilst continuing to perform its existing sector-specific regulatory functions, the CRA is set to become a comprehensive market regulator, with new investigative, adjudicative and enforcement powers.

When might a defence based on the ex turpi or illegality principle be successful in a tort case? The ex turpi rule (or ex turpi causa non oritor actio, to give the principle its full name) is that no legal action based on illegality can succeed

It has never been a level playing field for Defendants when it comes to Part 36 offers, but arguably, recent case law and changes to the Part 36 rules go some way to improving the situation for Defendants.