Author: Jennifer Haworth

27 Nov 2015

Jennifer Haworth
In early July of this year, I wrote a blog post detailing two proposed Criminal Law Reform bills: the Disclosure and Criminal Reform Act 2015 (the “Disclosure Act”) and the Criminal Jurisdiction and Procedure Act 2015 (the “Procedure Act”). At that point, the Bills had been passed by the House of Assembly on 5 June 2015 and remained to be debated in the Senate.
20:28 / Bermuda Case Law & Legislation / Litigation & Dispute Resolution
02 Jul 2015

Jennifer Haworth
In May of this year, the Attorney General introduced two Bills in the House of Assembly that contained several measures aimed at reforming Bermuda’s criminal law, with the goal of enhancing efficiency. The Disclosure and Criminal Reform Act 2015 (the “Reform Bill”) and The Criminal Jurisdiction and Procedure Act 2015 (the “Procedure Bill”) (together the “Bills”) were passed by the House of Assembly on 5 June 2015. They remain to be debated in the Senate.
16:19 / Bermuda Case Law & Legislation / Litigation & Dispute Resolution
02 Dec 2014

Jennifer Haworth
In the case of Abu Dhabi Commercial Bank PJSC v Algosaibi Trading Services Limited [2014] SC (Bda) 71 Com (12 September 2014), the Chief Justice delivered an ex tempore judgment which clarified what the position is when a registered office purports to resign. It confirmed the traditional view held by many commercial practitioners that section 62(3) of the Companies’ Act 1981 (the “Act”) means that when a registered office has not been changed with the Registrar of Companies (“ROC”), the last known registered office remains the effective office for service.
21:25 / Bermuda Case Law & Legislation / Commercial Law
02 Dec 2014

Jennifer Haworth
An important decision came from the Court of Appeal this year relating to the issue of whether a party has submitted to the jurisdiction in proceedings outside of Bermuda. In Kader Holdings Company Limited v Desarrollo Inmoniliario Negocios Industriales De Alta Technologia De Hermosilio, S.A. De CV [2013] CA (Bda) 13 Civ (10 March 2014), the Court of Appeal reversed the Chief Justice’s ruling of July 2013 in which he granted Desarrollo summary judgment in respect of its claim to enforce a judgment given in the Superior Court of the State of Arizona in June 2011. The primary issue on appeal was whether Kader submitted to the Arizona proceedings by making a voluntary appearance, and counterclaiming in those proceedings.
18:09 / Bermuda Case Law & Legislation / Litigation & Dispute Resolution
03 Dec 2013

Jennifer Haworth

SAGE Commission [report cover]The SAGE Commission

The Spending and Government Efficiency Commission (the “SAGE Commission”), an election platform item for the One Bermuda Alliance (“OBA”), was created in the first quarter of 2013 following on from Bermuda’s national election last year in which the OBA emerged as the new governing party. The OBA had indicated during their election campaign that if they were successful, one of their early objectives would be to establish the SAGE Commission with a view to making the Bermuda Government more efficient, cost effective and transparent in light of the economic challenges currently being faced.
14:53 / Bermuda Government
02 Dec 2013

Jennifer Haworth
In March 2013, the Chief Justice issued a decision in the case of Kentucky Fried Chicken (Bermuda) Ltd v Minister of Economy Trade & Industry and the Bermuda Industrial Union [2013] Bda LR 19 (381 KB PDF). Kentucky Fried Chicken (Bermuda) Ltd. (“KFC”) sought judicial review of the Minister of Economy Trade & Industry’s (the “Minister”) decision to refer KFC’s dispute with the Bermuda Industrial Union (“BIU”) to binding adjudication under the Trade Disputes Act 1992 (the “Act”). The Chief Justice refused KFC’s application citing the Court’s limited ability to review such references and only in “extreme cases”.
20:34 / Bermuda Case Law & Legislation / Labour, Employment & Immigration law / Litigation & Dispute Resolution