Monthly Archives: October 2013

portrait of Kimberley D. Caines

Kimberley D. Caines

MJM’s Kimberley Caines has been recognized as a “Rising Star” in the Fall issue of the Bermudian magazine. The feature is called Rising Stars: Nine shining Gen-Yers who have set their sights high in the business world and are working their way to the top. A rising star is a young person (under 30) who is doing an outstanding job in their industry. They have youth and energy on their side, but this individual is also smart and dedicated and has the qualities that make you sure they are going to make it to the top one day!

The Directors and staff at MJM would like to congratulate Kimberley on her achievement. Kimberley did her pupilage at MJM and we are delighted to attract such clearly talented individuals whose skills are an asset to our firm and our local and international client base.

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If you are a business owner, you will no doubt be focused largely on your target customers and how best to market and sell your products or services to them, while keeping costs at a minimum, especially in this economic climate. An important piece of advice we give is not to cut corners when it comes to your employees. Well drafted contracts of employment and employee handbooks are critical in safeguarding your business. Money set aside for legal services in this area will be well spent, especially if an issue or dispute arises.

In our experience, one of the biggest concerns, especially with small businesses, can be the lack of a written employment contract. This presents difficulty to employers on two levels. First, it is a violation of the Employment Act 2000 (the “Act”) (130 KB PDF) which requires all employers to provide their employees with a Statement of Employment. Second, in the event of a dispute, the lack of clear, written terms leads to “he said, she said” situations, making it more difficult to prove matters one way or the other. Read More »

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Senior Associates Brian Holdipp (Corporate) and Tim Frith (Litigation) attended the International Bar Association’s annual conference in Boston this month.

The International Bar Association, established in 1947, is the world’s leading organisation of international legal practitioners, bar associations and law societies with a membership of more than 50,000 lawyers and over 200 bar associations and law societies.

The event drew a record attendance of over 6,000 lawyers from 120 countries.

Given the international nature of MJM’s work, the annual conference provided our firm’s representatives unparalleled opportunities to establish new contacts and solidify existing ones, learn of current trends in relevant areas of legal specialization and participate in a wide array of substantive sessions, workshops and panels.

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The UK Supreme Court has recently reached a decision regarding the appeals of both Pitt v Holt and Futter v Futter which refer to the nature of the Rule in Re Hastings-Bass deceased 1974.

Hastings-Bass was a case that set the precedent whereby discretionary acts by trustees may be set aside if the decisions made had unintended consequences. The unintended consequences were usually unexpected tax liabilities. Historically the Rule has been used to set aside decisions made by trustees who have have accidentally failed to take into account relevant circumstances or where they have taken incorrect professional advice. As a consequence of the Rule the trustees and beneficiaries are re-set into the position they were in before entering the adverse transaction. Read More »

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Insuralex (logo)MJM Limited announced last week that it will host Insuralex, a worldwide network of independent insurance and reinsurance lawyers dedicated to the insurance and risk management communities, in Bermuda from November 6–9 for its Mid-Year Meeting.

MJM is the Bermuda member of Insuralex and this is the first time that the meeting has been hosted in Bermuda. Read More »

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