Author: Jennifer Haworth

Jennifer Haworth

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...

Jennifer Haworth

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...

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.