Allan Doughty, Author at Bermuda Law Blog

04 Apr 2023

The Court of Appeal of Bermuda issues its first ruling arising from the Public Access to Information Act, 2010

On 24 March 2023, the Court of Appeal issued its first ruling regarding the Public Access to Information Act, 2010 (“PATI”) and the function of the Information Commissioner, who is charged with administering that legislation. The situation, giving rise to the appeal, arose from a request...

15:45 / MJM Barristers & Attorneys / Allan Doughty

13 Dec 2022

The Limits of the Public’s Right to Know

On 25 January 2022, Justice Shadé Subair-Williams issued a ruling, in the matter of The Attorney General v. Information Commissioner that prohibited Bermuda’s Information Commissioner from requiring the Government of Bermuda to submit documents for her review. This is a fascinating decision in that it...

01 Dec 2022

Court Clarifies Test for Indemnity Costs

By Allan Doughty and Jennifer Haworth On 25 July 2022, in the matter of Ivanashvili v. Credit Suisse Life (Bermuda) Limited, Chief Justice of the Supreme Court of Bermuda, Mr. Narinder Hargun handed down a ruling which clarified what a successful party must demonstrate in order...

21:49 / Bermuda Government / MJM Barristers & Attorneys / Allan Doughty

24 Dec 2021

Update on interlocutory relief sought pursuant to the Bermuda Constitution Order, 1968 – Covid-19 restrictions and the Public Interest

On 9 June 2021, the Chief Justice of the Supreme Court of Bermuda, the Hon. Mr. Narinder Hargun, in his first ruling regarding Brewster et al. v. Premier of Bermuda et al. refused an application to enjoin a change to the Public Health (Covid-19) Emergency...

14:00 / COVID-19 / Allan Doughty

24 Dec 2021

Covid-19: Roadmap provided for a constitutional challenge

On 23 July 2021, the Hon. Mr. Narinder Hargun, Chief Justice of the Supreme Court of Bermuda handed down his second ruling in the application of Brewster et al. v. The Premier of Bermuda et al. The decision considered the substantive issue of a constitutional...

14:00 / COVID-19 / Allan Doughty

21 Dec 2020

Covid-19 and Public Law

On the 18 March 2020, the first Covid-19 case was diagnosed in Bermuda. During the “first wave” of the Covid-19 Pandemic, the Government of Bermuda has taken extraordinary measures to deal with the crisis through the declaration of an emergency passed pursuant to Bermuda’s Constitution,...

16:50 / COVID-19 / Allan Doughty

21 Aug 2020

Mask regulations: does one size fit all?

Recently, I was involved in a conversation concerning the requirement of wearing cloth and paper masks in Bermuda. At that time, the discussion centred on whether it is possible to apply for an exemption from having to wear a mask when attending a business or...

15:44 / Uncategorized / Allan Doughty

30 Jun 2020

Constitutional rights and freedoms

On June 19, 2020, the House of Assembly passed a Bill to amend the Public Health Act. The effect of the amendment is that the Minister of Health now has the power to declare a “Public Health Emergency” if she is satisfied that a communicable...

15:41 / Uncategorized / Allan Doughty

Author: Allan Doughty