Bermuda Law Blog

Andrew A. Martin
In a recent Supreme Court decision the Chief Justice has made an important ruling with potentially wide implications. The case concerns the time limit for bringing a claim in negligence against a party with whom the claimant is also in a contractual relationship. The decision is of particular interest to Lawyers, Accountants, Architects, Doctors, and Surveyors (the “LADS”) but also anyone else who makes their living by providing professional advice to clients. The effect of the decision is that a claim can be brought against one of the LADS (or other professional) in negligence independently from any claim for (negligent) breach of contract. The time limit for bringing a claim in contract and negligence is six years, but the date on which the time starts running for each type of claim may differ significantly.

Fozeia Rana-Fahy
In the Matter of the C Trust [2016] SC [Bda] 53 Civ was the first Bermuda case to extend the perpetuity period under the new Section 4 of the Bermuda Perpetuities and Accumulations Act 2009 (“the 2009 Act”). The amendment to Section 4 took effect in December 2015. Although prior to the amendment, the 2009 Act had already abolished the rule against perpetuities with respect to instruments taking effect on or after 1 August 2009, the rule continued to apply to trusts established under Bermuda law prior to 1 August 2009 as well as to trusts originally established in other jurisdictions (with an applicable perpetuity period or similar limitation) but now governed by Bermuda law.

Jennifer Haworth
We have previously written a post about the Supreme Court’s decision in Bermuda Press (Holdings) v Registrar of the Supreme Court in which the Chief Justice considered the public’s right of access to court documents in a constitutional matter deemed to be in the public interest. The Court then issued Practice Direction (“PD”) No. 23 of 2015 (discussed here) late last year which widened the scope indicating that members of the public were then entitled in civil cases to apply for copies of (1) the originating process and (2) judgments and orders in civil and commercial matters.

Jennifer Haworth
In October 2016, the Department of Statistics released its “Facts & Figures 2016” which sets out in summary form some of the key indicators of Bermuda’s economic and trends. There are some important points to note from that report. For example, the number of local companies is steadily increasing year on year from 3,125 in 2013 to 3,307 in 2015. In addition, international companies in Bermuda are also growing in number with exempted, exempted partnership and non-resident companies on the rise from 2013 through 2015.

Jeremy Leese
As I sat in my hotel room in New York in the early hours of Wednesday, 9th November 2016, having been awoken from my slumber by the screaming and cheering from across the road at the Hilton’s Trump Election Party, my first thought was that the world in which we live will most certainly change once President-Elect Trump vacates his golden palace for a White House early in the new year. Change for sure, but for the better? And, if so, who is most likely to benefit? Much closer to home, what does it mean for us here in Bermuda?

Andrew A. Martin
In an important decision in November 2016, the Insurance Appeals Tribunal (the “IAT”) published in the press the text of its decision in relation to the jurisdiction to award costs in an appeal from a regulatory decision and appeal to the IAT under the Insurance Act 1978 (the “Act”). Normally in civil litigation the rule is that costs follow the event, and the substantial winner is entitled to an award of costs representing the costs reasonably incurred in the prosecution or defence of the proceedings. The issue arose after the unsuccessful appeal of a party who had been sanctioned by the Insurance Tribunal as to whether the same general rule applied under the statutory formula , which is worded in a wider and more permissive way, allowing the IAT the power to award costs as it “thinks fit” under section 44 D (1) of the Act.