Bermuda Law Blog

11 Dec 2018

The Law of Meetings

The fundamental principles of the law of meetings are sometimes over-looked in the modern climate of unanimous written shareholder resolutions, comprehensive retrospective ratifications, and the liberal application of the “Duomatic principle”. The decision in East Asia Company Limited -v- PT Satria Tirtatama Energindo in the Bermuda Court of Appeal provides a salutary reminder that the devil is always in the details.

11 Dec 2018

Land Title Registration Regime is Up and Running

Following indications given last year, the Land Title Registration regime went live on 27 August 2018 when certain triggers for compulsory registration were enacted. The triggers enacted are: (a) Conveyance on sale, (b) Granting (or the Assignment) of a Lease for a term of 21 years or more, (c) Mortgage and (d) Conveyance by Court Order.

23:18 / Property Law / Denis de Frias

01 Dec 2018

Notable Bermuda Trust Decisions of 2018

In the Matter of the X Trusts [2018] SC (Bda) 56 Civ (12 July 2018) The trustees in this case are private trust companies which have for some years been responsible for managing trusts which control underlying assets worth billions of dollars. The beneficiaries fall into...

16:50 / Bermuda Case Law & Legislation / Commercial Law / Company & Commercial Law / Fozeia Rana-Fahy

21 Nov 2018

2018 Throne Speech: A Brief Summary of the Parliamentary Agenda

The Government’s legislative agenda unveiled during the Speech from the Throne delivered on the convening of Parliament on Friday 9 November 2018 announced its priorities to continue the “diversification of Bermuda’s economy, the growth of new sectors of industry and the measures required to facilitate...

15:25 / Uncategorized / MJM Limited

28 Sep 2018

Fozeia Rana-Fahy Recognized as Citywealth 2018 IFC Powerwomen Top 200

Fozeia Rana-Fahy For a fourth year, MJM Director, Fozeia Rana-Fahy has been named as a Powerwoman on the Top 200 International Powerwomen list by Citywealth. The list honours 200 of the most powerful women in government, private wealth, education, private client advisory and philanthropy across the...

12:00 / Miscellaneous / MJM Barristers & Attorneys / MJM Limited

26 Sep 2018

Commercial Contract Disputes – “No Oral Modification” Clause

The UK Supreme Court has recently confirmed that contractual provisions which restrict the parties from modifying an agreement orally are binding and enforceable. These provisions are more commonly known as a ‘No Oral Modification Clause’ (“NOM Clause”).

18:12 / Company & Commercial Law / Insurance / Labour, Employment & Immigration law / Litigation & Dispute Resolution / Property Law / Jordan Knight

21 Sep 2018

Bermuda Gears Up For On-Island Evaluation

For a number of years, the international financial services sector has contributed the greatest amount to the Bermuda economy. According to the National Economic Report published by the Ministry of Finance, international business provided $1.68 billion in total output or 27.3 per cent of total GDP in 2016. It is critical for Bermuda’s economic well-being then, that the Island remains in step with international standards set by supra-national regulatory authorities to protect the jurisdiction’s financial system from abuse.

13:17 / Bermuda Government / Company & Commercial Law / Fraud & Anti Money Laundering / Brian Holdipp

20 Sep 2018

Caution: Mutual Wills and Mirror-Image Wills are not the same thing!

I am sometimes instructed by a married couple that they want to create “mutual wills”. Generally I shudder at the thought and suggest that really what they might be after are “mirror-image” or reciprocal wills and then I proceed to explain the difference. I have only had one set of clients execute mutual wills after the proffered explanation, so I am led to the conclusion that there is widespread misunderstanding of the term. While there may be occasions for using a mutual will, in my professional opinion, they will be few and far between.

18:41 / Wills, Trusts & Estates / Jane Collis