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...
Bermuda, like every other jurisdiction, has been managing the effects of Covid-19 and the consequential need for physical distancing measures to be put in place, masks to be worn and in many instances for people to be working remotely. Indeed, Bermuda imposed on its residents...
In May 2017, MJM obtained an order for possession and sale on behalf of HSBC Bank Bermuda Limited (the “Bank”) in respect of a mortgaged property owned by two guarantors following the default by the borrower. Approximately, one year later, after the Bank had actual possession of the property, the...