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"...

In November 2019, Bermuda enacted the Incorporated Segregated Accounts Companies Act 2019 (the ISAC Act), a testament to the jurisdiction's commitment to providing pragmatic solutions to...

As set out in Parts 1 and 2, a settlor who retains too much power and control in relation to a trust and its assets is at risk of creating an illusory trust, either because there is a failure of the irreducible core obligations necessary for a valid trust ...

The Bermuda Monetary Authority (BMA) issued on 6 October 2020 the Insurance Sector Operational Cyber Risk Management Code of Conduct (Code)

The Bermuda Monetary Authority has issued a consultation paper on "Proposed Instructions and Guidance on the Application of the Prudent Person Principle"

Welcome to Kennedys' quarterly regulatory round-up. In this issue we will summarise the key regulatory updates from Q4 2025 which relate to insurers.

Bermuda's Economic Substance Act 2018 (ESA) and Economic Substance Regulations 2018 (ESR) came into operation on 31 December 2018.

It has been said that the narrow view of protector consent provisions has the effect of limiting the role of the protector.[1] To this, Kawaley AJ in X Trusts said:

This second essay addresses the extent to which it is possible to amend or replace a letter of wishes and the effect of the same.

Given the contents of the letter of wishes might shed light on the trustee's reasoning, there is no automatic entitlement on the part of the beneficiaries to disclosure outside the litigation context.

My good friend Judy Greenwald reported for BusinessInsurance.com that "Lloyd's of London will require standalone cyber policies to include state-backed cyberattack exclusions beginning in March 2023...

Katie Lee successfully acted (as sole counsel) for a construction professional in an application for summary judgment involving the application of section 14A of the Limitation Act 1980 in a concrete cracking case.

This article provides a brief overview of s.106 appraisal proceedings before addressing the Glendina decision in detail, considering the factual background to that case, the deficiencies in the expert evidence that was available, and the Court's approach to valuation.

Please set out the various regimes applicable to recognising and enforcing judgments in your jurisdiction and the names of the countries to which such special regimes apply.

On 4 July 2024, the Bermuda Monetary Authority (BMA) issued its Guidance Note: General Business Insurers with Segregated Accounts and Separate Accounts (GN) for consultation.

This essay is the first in a three-part mini-series which will consider: the status of a settlor's letter of wishes, including the extent to which the trustee is bound by the settlor's wishes and the circumstances ...

There have been three major cases in recent years that warrant extended consideration in Part 2 of this mini-series: the New Zealand case of Clayton; the English case of Pugachev; and the Cook Islands / Privy Council case of Webb.

The Rules of the Supreme Court of Bermuda 1985 do not yet contain any detailed rules, practice direction, or guidance specifically dealing with electronic discovery.

Other than requiring that arbitration agreements be in writing, Bermuda's arbitration statutes do not require any specific form or format.

In Re Ping An Securities Group (Holdings) Limited [2022] SC (Bda) 25 Com (8 April 2022), the Supreme Court of Bermuda (the "Bermuda Court") declined to appoint the nominee of a first creditors' meeting...