By Jennifer Haworth and Dan Griffin The UK Supreme Court delivered the much anticipated BTI 2014 LLC v Sequana SA [2022] UKSC 25 decision in October 2022, clarifying the duty of company directors to creditors when facing insolvency. Given that there is no directly equivalent authority...
In Bermuda there is no automatic requirement for a person’s estate to be probated following death. In fact when providing estate planning advice it is often the goal to arrange a client’s estate in such a way that upon death there is no meaningful estate to...
MJM have acted for HSBC Bank Bermuda Ltd (the “Bank”) in an interpleader application which has clarified the entitlement of a mortgagee in possession to rental arrears for a period prior to their obtaining an order for possession or adopting a lease: John Rowe v...
For the past 70 years the Bermuda Monetary Authority has maintained a beneficial ownership register (“BO Register”) which currently contains information such as the name, address, passport number, date of birth, and percentage of shareholding, of the beneficial owners of approximately 15,000 companies in Bermuda....
The Supreme Court of Bermuda in Griffin Line General Trading LLC v Centaur Ventures Ltd and Another [2022] Bda LR 20, had to consider whether Griffin Line General Trading LLC (“Griffin”), a foreign plaintiff, in whose favour an interim freezing order was granted against Templar...
On 25 January 2022, Justice Shadé Subair-Williams issued a ruling, in the matter of The Attorney General v. Information Commissioner that prohibited Bermuda’s Information Commissioner from requiring the Government of Bermuda to submit documents for her review. This is a fascinating decision in that it...
Changes in England and Wales The “no-fault divorce,” as it has become known, was finally forced into being by the case of Owens v Owens [2018] UKSC 41. Mrs. Owens had petitioned for divorce on the grounds of unreasonable behaviour in 2015, following a 40-year marriage....
By Reid Orchard and Allan Doughty The road to legislation is not always a straight path. This is especially true in a small jurisdiction, such as Bermuda, which is an Overseas Dependent Territory of the United Kingdom. The creation of a regulated cannabis industry in Bermuda...