Litigation & Dispute Resolution

26 Apr 2016

Jennifer Haworth
In The Allied Trust and Allied Development Partners Ltd v Attorney General and Minister for Home Affairs [2015] SC Civ (Bda) 61, dated 24 August 2015, the Chief Justice of the Supreme Court of Bermuda ruled in favour of our client, the Minister of Home Affairs, and struck out a constitutional claim made by the Allied Trust and Allied Development Partners Limited (the “Applicants”) in relation to the voiding of the Waterfront agreements. Following a Notice of Motion for Leave to Appeal filed in September 2015, the Applicants were granted leave to appeal by the Chief Justice on 20 November 2015.
18:38 / Bermuda Case Law & Legislation / Bermuda Government / Litigation & Dispute Resolution / MJM Barristers & Attorneys
09 Dec 2015

Jennifer Haworth
As of 29 February 2016, same-sex partners of Bermudians will have the same right to reside and work in Bermuda as spouses of Bermudians. This is following the landmark decision of the Chief Justice of the Supreme Court, Justice Ian Kawaley, in Bermuda Bred Company v The Minister of Home Affairs and The Attorney-General handed down on 27 November 2015. The Chief Justice held certain provisions of the Bermuda Immigration and Protection Act 1956 (the “Immigration Act”) to be inoperative to the extdent that they discriminate against same-sex partners of Bermudians in stable relationships on the right to reside and employment rights when compared with spouses of Bermudians under those provisions.
16:51 / Bermuda Case Law & Legislation / Litigation & Dispute Resolution / Uncategorized
03 Dec 2015

Jennifer Haworth
A recent decision of the Chief Justice of the Supreme Court of Bermuda given on 23 November 2015, illustrates the importance of adherence to Human Rights’ provisions in the employment context. In what has been referred to as a landmark decision, the Chief Justice upheld a decision of a Board of Inquiry that Mr. Harkin (the “Appellant”) “was discriminated against on the grounds of his place of origin in that the promotion procedure was applied to him a prejudicial manner by virtue of his being a contract worker”.
20:01 / Bermuda Case Law & Legislation / Labour, Employment & Immigration law / Litigation & Dispute Resolution
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
05 Oct 2015

Agathe Holowatinc
MJM’s Kimberley D. Caines has been recognized as a “Rising Star” in the Fall issue of Bermuda:Re+ILS magazine. The feature is called Talent shining through. A rising star is a talented young person (under 35) who is doing an outstanding job in their industry and reshaping it in the process.
20:33 / Litigation & Dispute Resolution / MJM Barristers & Attorneys
24 Sep 2015

Agathe Holowatinc
MJM’s Jessica Kemmenoe has been recognized as a “Rising Star” in the Fall issue of The Bermudian magazine. The feature is called Rising Stars: Young, ambitious and quickly working their way to the top, meet this year's crop of twenty-somethings on the fast track. A rising star is a young person (under 30) who is doing an outstanding job in their industry. They have youth and energy on their side, but this individual is also smart and dedicated and has the qualities that make you sure they are going to make it to the top one day!
21:50 / Litigation & Dispute Resolution / MJM Barristers & Attorneys
22 Sep 2015

Jessica Kemmenoe
Bermuda Press (Holdings) Ltd. (“BPHL”), the parent company for the local daily newspaper The Royal Gazette, commenced proceedings against the Registrar of the Supreme Court (the “Registrar”) following the Registrar’s refusal of BPHL’s application to obtain copies of Affidavits and Exhibits filed in a case pending in the Supreme Court. The case involved a dispute between Allied Development Partners and the Government of Bermuda with reference to the Hamilton Waterfront. BPHL sought to challenge the accepted legal view that documentation being used in ongoing legal proceedings is not open to public inspection, even if the parties to the proceedings do not oppose access to the documentation.
20:38 / Bermuda Case Law & Legislation / Litigation & Dispute Resolution