Monthly Archives: April 2016

MJM Limited is pleased to announce that it has been highly ranked by Chambers & Partners in the Chambers Global Rankings 2016 for Bermuda.

Chambers described MJM as being a “Well-established independent firm drawing praise for its outstanding knowledge of the Bermudian market.”

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The Court recently set out an interesting ruling on costs relating to an application for indemnity costs and a third party costs order. The First Defendant (the “Defendant”) applied to have the Plaintiff and any third parties who may have caused, controlled or funded the Plaintiff’s claim, pay the Defendant’s costs on an indemnity basis and an order for the third party funder to be liable for costs. In the present case, the Plaintiff had commenced a derivative claim against the Defendant in January 2015 but the Ex Parte Order granted on 21 January 2015 for injunctive relief and leave to serve out of the jurisdiction (the “Ex Parte Order”) was subsequently set aside in the Chief Justice’s ruling on 4 December 2015. In this ruling, the Judge held that the Plaintiff lacked standing to commence a derivative claim as the Plaintiff was not the registered shareholder and had failed to establish that there was a serious issue to be tried against the anchor defendant company as it no longer was in the control of the wrongdoer.

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In The Allied Trust and Allied Development Partners Ltd v Attorney General and Minister for Home Affairs [2015] SC Civ (Bda) 61, dated 24 August 2015, the Chief Justice of the Supreme Court of Bermuda ruled in favour of our client, the Minister of Home Affairs, and struck out a constitutional claim made by the Allied Trust and Allied Development Partners Limited (the “Applicants”) in relation to the voiding of the Waterfront agreements. Following a Notice of Motion for Leave to Appeal filed in September 2015, the Applicants were granted leave to appeal by the Chief Justice on 20 November 2015.

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One of the latest notable changes to the Bermuda legislation is the introduction of the Contracts (Rights of Third Parties) Act 2016 (the “Act”). This Act, which is based largely on the UK equivalent, allows parties to a contract in Bermuda to now provide for enforcement of its contractual terms by third parties subject to certain exceptions.

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On 31 March 2016, lawyers from MJM Limited attended a Student Networking Event at the Bermuda College, providing students with information and insight into a legal career. Students had the opportunity to hear from lawyers Louise Charleson and Kimberley D. Caines as well as from the firm’s pupil, Tristy Smith, about the various areas of law practiced in Bermuda, the process to qualify and the benefits of pursuing a legal career. Overall, although the students’ areas of study varied, they learned of the benefits of utilizing their unique skills if they were to enter the field of law as a lawyer and had the opportunity to network with us.

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