Monthly Archives: November 2013

The recent Supreme Court decision of The Bermuda Ombudsman v Corporation of Hamilton et al (420 KB PDF) [2013] SC (Bda) 72 Civ. which was handed down on 7 October 2013, sheds light on the authority that is vested in the office of the Ombudsman (the “Ombudsman”) and the weight that a summons issued by the Ombudsman has.

The Ombudsman is a statutory body whose powers devolve from the Ombudsman Act 2004 (the “Act”).  The Ombudsman’s main jurisdictional function is to investigate maladministration on behalf of a public authority (section 5 of the Act). Read More «»

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As a firm that is committed to the professional development of its attorneys, MJM Limited offers its attorneys an internal professional development program. The program is designed to equip MJM attorneys with knowledge and information about relevant and developing areas of law so that they stay current with legal developments. Presentation topics typically cover the areas of interest and practice of the firm’s attorneys.

For this year, internal presentations have been made in the following areas: insurance, telecommunications, corporate meeting and governance procedure, insolvency, employment and the legislative process in Bermuda. Read More »

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The Investment Funds Amendment Act 2013 (the “Amendment”) (70 KB PDF) has recently been enacted to introduce changes to Bermuda’s Investment Funds Act 2006 (the “Act”), the legislation which provides the regulatory framework for the formation and management of investment funds in Bermuda. The Amendment’s objective is to increase the attractiveness of Bermuda fund formation to sophisticated investors and onshore funds lawyers and fund managers. The Amendment is evidence of the way in which the Bermuda Government, the Bermuda Monetary Authority (the independent regulator of the financial services industry in Bermuda) (the “BMA”), and the funds industry is working together to develop innovative products designed to re-energise this sector in the jurisdiction. Read More »

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Land tax payments scrutinized on newly built properties…

This civil case has been ongoing for several years concerning the owners (“the Banks”) and their property named “Gatewood” in Paget. The Banks disputed the annual rental value (“ARV”) which was allocated to their newly built home by the Land Valuation department. The two contentious point of law in this case were: Read More »

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The Minister of Home Affairs, The Honourable Michael Fahy announced in the Senate on 20th November, 2013 that a new committee has been established to review and modernise Bermuda’s labour laws (the “Committee”). Minister Fahy has indicated that the Committee will specifically look at the roles that Bermuda’s labour laws play in job creation and retention with the aim of introducing a new system designed to be more inclusive and fairer.

This newly formed group is comprised of experienced labour attorneys and key workforce sector representatives, including several of the Island’s unions and the Bermuda Employers’ Council. The key pieces of legislation to be reviewed by the Committee include the Trade Union Act 1965 (and accompanying regulations), the Labour Relations Act 1975 (and accompanying rules) and the Labour Disputes Act 1992. Minister Fahy also noted that it intended to involve the International Labour Organisation as part of this process.

MJM Director, Alan Dunch, a seasoned labour lawyer, is Chair of the Committee.

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