Bermuda Law Blog

Jessica Kemmenoe
On 27 March 2014 the Government enacted the Companies Amendment Act 2014 (the “Amendment Act”) (58 KB PDF) introducing new provisions to the Companies Act 1981 with regards to the ability of local and exempt companies to acquire land in Bermuda. An accompanying corporate landholding policy (the “Policy”) was issued to run alongside the Amendment Act to help clarify the objectives behind the changes in an effort to assist with the Ministers decision making when making an application for consent. There were a number of reasons cited for the changes but the key reasons provided by Minister of Education and Economic Development, The Hon. E. Grant Gibbons, in his statement to the House of Assembly were to “stimulate turnover in the real estate market and create jobs in the construction sector and to make Bermuda [a] more attractive and competitive jurisdiction.” (Hansard Report, 21 March 2014, p. 1739)

Agathe Holowatinc
Bermuda Supreme CourtOn June 10 2014, MJM Limited presented to the Hamilton Rotary Club Members on debt collection, recovery and the enforcement of judgment process in Bermuda. Presenting to approximately 25 members, Litigation Associate Kimberley D. Caines explained the process of debt recovery in the Magistrate’s Court and the Supreme Court of Bermuda. Guiding the attendees through the debt collection process, Kimberley displaced common misconceptions and shared some observations from her practice on the court’s approach to debt recovery in the current market. Kimberley also shared with members the various mechanisms available to enforce local judgments.

Jane Collis
In vitro fertilization and cryo-preservation of eggs, sperm and excess embryos, has become a routine procedure in much of the world. Bermuda does not have a sperm bank or a storage facility for embryos. Nor does Bermuda have an IVF clinic. But there are many Bermudians who travel overseas for fertility treatment and, in their excitement over the possibility of parenthood, are likely to give little thought to the nature of their interest in their own genetic material. Likewise, eggs and sperm are frequently stored by men and women undergoing chemotherapy, who may suffer sterility as a consequence of treatment.

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.”