MJM continues to be active in banking litigation matters for several well know banking institutions in Bermuda. As 2023 comes to an end, we look back at some of the most interesting and noteworthy cases decided by the Bermuda courts over the course of the...
On 28 July 2023, judgment was handed down judgment in an application by the joint provisional liquidators (“JPLs”) of Northstar Financial Services (Bermuda) Ltd. and Omnia Ltd. (together the“Companies”) to resolve questions regarding the operation of segregated accounts. The use of segregated accounts in Bermuda is...
Former Chief Justice of the Bermuda Supreme Court, Ian Kawaley was appointed to Bermuda’s Court of Appeal by Governor, Rena Lalgie, with the appointment to take effect in January 2023. Mr Justice Kawaley served as the Chief Justice from 2012 to 2018. He has been an...
In 2020, winding up proceedings were issued in the Bermuda courts regarding Northstar Financial Services (Bermuda) Ltd (“Northstar”) and Omnia Ltd. Shortly therefor In a decision of the Supreme Court dated 26 August 2021, the Chief Justice, after reviewing the opinion of overseas counsel for...
By Jennifer Haworth and Dan Griffin The UK Supreme Court delivered the much anticipated BTI 2014 LLC v Sequana SA [2022] UKSC 25 decision in October 2022, clarifying the duty of company directors to creditors when facing insolvency. Given that there is no directly equivalent authority...
As we highlighted at the end of last year, major changes were to be made to Bermuda’s employment legislation this year. On 1 June 2021 the Employment Amendment (No. 2) Act 2020 (the “Amendment”) became operative. This amended the Employment Act 2000 (the “Act”) with...
It was unfortunately all too clear that once the pandemic was declared there would be immediate consequences for the employment market. We saw this across the globe, but in Bermuda, our hospitality industry was hit particularly hard with layoffs being made in March. We discussed...
Co-authors Jennifer Haworth & Allan Doughty On the 20 July 2020, the Supreme Court of Bermuda issued a significant insolvency law decision in FDG Electric Vehicles Limited [2020] SC (Bda) 32 Com. In the FDG case, the Supreme Court chose to order the removal of the...