Bermuda Law Blog

Fozeia Rana-Fahy
The Supreme Court of Bermuda handed down its judgment in the matter of The Minister for Home Affairs v Carne and Correia [2014] SC (Bda) 9 Civ (2 May 2014) (510 KB PDF) on 2 May 2014. The fundamental result of this judgment is that under certain circumstances, holders of Permanent Resident Certificates (“PRC”) who have been resident in Bermuda prior to July 1989 can now apply for Bermudian Status — an application which Chief Justice Kawaley described as “one of the most significant applications that it is possible for an applicant to make” pursuant to the “beauty in the sleeping provisions” of Section 20B of the Bermuda Immigration and Protection Act 1956 (“BIPA”).

Agathe Holowatinc
MJM Limited is pleased to announce that it has been highly ranked by Chambers & Partners in the Chambers Global Rankings 2014 for Bermuda. Ranked in CHAMBERS GLOBAL 2014 MJM Barristers & Attorneys Ranked in CHAMBERS GLOBAL 2014 Leading Individual Chambers praised MJM’s Dispute Resolution team as “Highly rated by clients for its personal and practical approach. A preferred firm for referral work, with extensive experience before all levels of court, including the High Court and the Privy Council. Continues to grow its litigation practice with the addition of new personnel.”

Honor Desmond-Tetlow
A paragraph in the Throne Speech in November of 2013 heralded a proposed change to the Children Act, 1998. The need to incorporate family mediation into the Act was recognized as a prerequisite for co-parenting orders rather than arising only as a result of a parent’s non-compliance with some existing order. This proposed move to formalize the requirement for mediation brings Bermuda into line with the current practice in many jurisdictions.

Brian Holdipp
Recently, the following Orders were enacted to add a dedicated corporate governance licensing criterion to the Trust (Regulation of Trust Business) Act 2001, the Investment Business Act 2003 and the Investment Funds Act 2006 (collectively, the “Regulatory Acts”):

Fozeia Rana-Fahy
The Incentives for Job Makers Act 2013 and the Bermuda Immigration and Protection Amendment (No.2) Act 2013 came into operation in December 2013. These two acts effectively introduce various changes to the Bermuda Immigration and Protection Act 1956 (“BIPA”) and the Economic Development Act 1968 (“EDA”) which seek to make it easier for companies to obtain work permit exemptions for certain senior executives and for certain senior executives to be eligible to apply for a Permanent Resident’s Certificate (PRC).

Jane Collis
The facts of recent UK case Marley v Rawlings (260 KB PDF) were straightforward. Mr. and Mrs. Rawlings gave instructions to their solicitor to prepare identical wills, each leaving their estate to the other, but if the other had already died, to their “adopted son, Terry Marley”. The Rawlings had two biological sons, who were effectively disinherited by these wills. Unfortunately and inadvertently, husband and wife each signed the other’s will as a consequence of the solicitor handing the wrong will to the wrong person. The mistake was discovered on the death of Mr. Rawlings, several years after the death of Mrs. Rawlings, and the Rawlings’ biological sons challenged the will.

Agathe Holowatinc
As another successful year comes to a close, MJM, the recipient of several prominent global awards this year, has much to look forward to in 2014. cfi.co 2013 » BEST CORPORATE & COMMERCIAL TEAM, BERMIDAAmong the prestigious recognitions our firm received is Best Corporate and Commercial Team, Bermuda 2013 by Capital Finance International. MJM was chosen based on our high level of personal attention and ability to cover all aspects of client requirements, as distinguished by comments and endorsements from clients and lawyers in several jurisdictions.