Bermuda Law Blog

Jessica Kemmenoe

The 2012 Supreme Court decision in the case of Moyes & Co (UK) Limited v Northern Gulf Petroleum Holdings Limited [2012] Bda LR 77 (290 KB PDF), clarifies the Bermuda Court’s approach when considering an application to have a claim struck out.

In this case, the Defendant attempted to have the action struck out pursuant to the Rules of the Supreme Court Order 18, Rule 19 Grounds (a) and (d), which states that the Court may strike out an action on the ground that—

(a) it discloses no reasonable cause of action or defence … or
(d) it is otherwise an abuse of the process of the court …

The recent Supreme Court decision of The Bermuda Ombudsman v Corporation of Hamilton et al (420 KB PDF) [2013] SC (Bda) 72 Civ. which was handed down on 7 October 2013, sheds light on the authority that is vested in the office of the Ombudsman (the “Ombudsman”) and the weight that a summons issued by the Ombudsman has. The Ombudsman is a statutory body whose powers devolve from the Ombudsman Act 2004 (the “Act”).  The Ombudsman’s main jurisdictional function is to investigate maladministration on behalf of a public authority (section 5 of the Act).

As a firm that is committed to the professional development of its attorneys, MJM Limited offers its attorneys an internal professional development program. The program is designed to equip MJM attorneys with knowledge and information about relevant and developing areas of law so that they stay current with legal developments. Presentation topics typically cover the areas of interest and practice of the firm’s attorneys. For this year, internal presentations have been made in the following areas: insurance, telecommunications, corporate meeting and governance procedure, insolvency, employment and the legislative process in Bermuda.

Jeremy Leese
The Investment Funds Amendment Act 2013 (the “Amendment”) (70 KB PDF) has recently been enacted to introduce changes to Bermuda’s Investment Funds Act 2006 (the “Act”), the legislation which provides the regulatory framework for the formation and management of investment funds in Bermuda. The Amendment’s objective is to increase the attractiveness of Bermuda fund formation to sophisticated investors and onshore funds lawyers and fund managers. The Amendment is evidence of the way in which the Bermuda Government, the Bermuda Monetary Authority (the independent regulator of the financial services industry in Bermuda) (the “BMA”), and the funds industry is working together to develop innovative products designed to re-energise this sector in the jurisdiction.

Land tax payments scrutinized on newly built properties… This civil case has been ongoing for several years concerning the owners (“the Banks”) and their property named “Gatewood” in Paget. The Banks disputed the annual rental value (“ARV”) which was allocated to their newly built home by the Land Valuation department. The two contentious point of law in this case were: