Author: Jennifer Haworth

Jennifer Haworth
It is well recognised that in the context of certain types of banking transactions a presumption of undue influence can arise. An example of this would be where an individual is agreeing to charge a property which they own in order to secure the debts of their spouse. The question of whether a lack of independent legal advice invalidated a guarantee was considered recently in a case before the Chief Justice: Clarien Bank v E Kempe.

Jennifer Haworth
In the first decision of its kind, the Bermuda Supreme Court has utilized its powers under Section 39 of the Arbitration Act 1986 (the “Act”) to terminate an arbitration - and in this case a very important one - the arbitration between The Allied Trust and Allied Development Partners Limited (together “Allied”) and The Government of Bermuda. This decision follows Parliament’s voiding of Allied’s lease over the Hamilton Waterfront (the “Waterfront Arbitration”).

Jennifer Haworth
In December 2016, the legislature in Bermuda passed the Bribery Act 2016 (the “Act”) which came into force on 1 September 2017. The Act is based on the UK Bribery Act 2010. In the past, there were several separate laws dealing with bribery and corruption offences in Bermuda, such as the Criminal Code 1907 (Section 111 Official Corruption and Section 112 Extortion By Public Officers), the Parliament Act 1957 and the Parliamentary Election Act 1978. But as of 1 September, we have one comprehensive statute that sets out bribery offences in Bermuda, including the offence of failure of commercial organisations to prevent bribery, a strict liability offence for which the only defence is for a commercial organisation to demonstrate that it had ‘adequate procedures’ to prevent bribery.