Bermuda Law Blog

Louise Charleson
The Chief Justice has recently provided helpful guidance to practitioners seeking confidentiality orders in section 47 applications by handing down an ex tempore ruling in In the Matter of the BCD Trust, supporting the anonymisation and corresponding orders required to ensure that such applications are: “dealt with as private applications, where there is no obvious public interest in knowing about an internal trust administration matter.”

Andrew A. Martin
The proposed amendments to the Proceeds of Crime Act 1997 (POCA) (and related legislation) under the Proceeds of Crime Amendment Bill 2015 require careful reading. The amendments proposed in this Bill introduce several important amendments in a piece meal fashion in relation to several distinct statutory régimes. The form and content of the amendments are difficult to follow because you have to read them alongside the existing legislation, and the amendments are not readily comprehensible in the wider context of the existing provisions. Eventually the various Acts which are to be amended by this Bill will be published in a revised form that includes the amendments and deletes the sections that are to be repealed and replaced. Until then, make sure you have all relevant legislation open in front of you when you read the Bill.

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.