Bermuda: Trials & Appeals & Compensation

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

Privy Council Abolishes Shareholder Exception To Legal Advice Privilege

On 24 July 2025, the Judicial Committee of the Privy Council (the Privy Council or the Board), the highest court of appeal for Bermuda and several...

Bermuda Commercial

A

Appleby

Bermuda Supreme Court Sanctions Pre-Winding Up Asset Sale Despite Creditor Opposition

In a significant decision from the Commercial Division of the Supreme Court of Bermuda, Justice Shade Subair Williams has provided important clarification...

Bermuda Insolvency

C

Conyers

Freezing Injunctions In Bermuda

This briefing note provides an overview of freezing injunctions in Bermuda.

Bermuda Litigation

CO

Carey Olsen

Bermuda Litigation Guide 2025 (Chambers)

Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the UK.

Bermuda Litigation

CO

Carey Olsen

Sunrise Radio Considered – Is A Debt-for-equity Swap Carried Out At An Undervalue Unfairly Prejudicial?

Bermuda Commercial

C

Conyers

Don't Let Sleeping Dogs Lie: Intentional Delay And Contumelious Conduct In Civil Litigation

Bermuda Litigation

KL

Kennedys Law LLP

Are You Being Served? Lessons From The English Court Of Appeal

Bermuda Litigation

H

Harneys

A Split Victory: Costs Ruling In Afiniti, Ltd. v Chishti

Bermuda Litigation

H

Harneys

Augmented Advocacy Series (Bermuda): AI And Legal Privilege

Bermuda Technology

A

Appleby

Top 5 Bermuda Publications Of 2024

Bermuda Litigation

C

Conyers

Part 5: The Nomenclature For The Future

Bermuda Commercial

KL

Kennedys Law LLP

Part 4: The Idea Of Emerging Validity

Bermuda Commercial

KL

Kennedys Law LLP

Part 3: The Effect Of Reserved Powers Legislation

Bermuda Commercial

KL

Kennedys Law LLP

Part 2: The Unholy Trinity Of Recent Cases: Clayton, Pugachev And Webb

Bermuda Commercial

KL

Kennedys Law LLP

Bermuda Court Confirms Personal Right Of Action Of Company Directors To End Wrongful Exclusion

Bermuda Commercial

CO

Carey Olsen

The Bermuda Court's Approach To Valuation In Shareholder Appraisal Proceedings

Bermuda Commercial

KL

Kennedys Law LLP

Practical Tips For Conducting Workplace Investigations

Bermuda Employment

A

Appleby

Podcast: Bermuda: Fintech Insights & Trends

Bermuda Technology

A

Appleby

A Balanced Approach To Evolving Banking Requirements

Bermuda Finance

KL

Kennedys Law LLP

Part 1: An Introduction To Sham And Illusory Trusts

Whilst both will give rise to a finding that a trust is invalid, sham trusts and illusory trusts are two very different beasts, as noted by the New Zealand Supreme Court:

Bermuda Commercial

KL

Kennedys Law LLP

Cross-Border Disputes: Discovery And Evidence From Third Parties

Discovery (also known as disclosure) is the process whereby the parties in Bermuda court proceedings disclose relevant documents to each other so that each party...

Bermuda Litigation

A

Appleby

Re-Thinking Bye-Law Indemnities For Company Directors: The Decisions In Global Distressed Alpha Capital I Limited v Herman And Eddlestone [2023] CA (Bda) 12 Civ And [2024] CA (Bda) 14 Civ.

One of the more striking features of Bermuda company law is just how difficult it is for a company to sue its directors.

Bermuda Commercial

MD

Marshall Diel & Myers

Trust Litigation In Bermuda's Financial Landscape

If you've seen the hit HBO series Succession then you may have already formed a sense of the machinations and intrigue that can occur when ultra-high-net-worth families fall out with each other...

Bermuda Finance

C

Conyers

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 5 The Consequences For The Protector Who Oversteps His Role

Bermuda Commercial

KL

Kennedys Law LLP

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 4: The Possibility Of Drafting To Remove Any Uncertainty

Bermuda Commercial

KL

Kennedys Law LLP

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 3: An Analysis Of The Arguments In Favour Of The Wide And Narrow View Of Protector Consent Provisions

Bermuda Commercial

KL

Kennedys Law LLP

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 2: Protector Consent Provisions As They Have Been Interpreted In Recent Case Law

Bermuda Commercial

KL

Kennedys Law LLP

Why Choose Bermuda For Private Clients

Bermuda Commercial

C

Conyers

Appointment Of Mr Larry Mussenden As The Chief Justice Of The Supreme Court Of Bermuda

Bermuda Law Performance

H

Harneys

Update To The Adler High Court Decision: The UK's Court Of Appeal Overturns The High Court's Approval Of The Adler Restructuring Plan

Bermuda Insolvency

C

Conyers

Bermuda Litigation Guide 2024 (Chambers)

Bermuda Litigation

CO

Carey Olsen

Bermuda Court Appoints A Receiver Over Foreign Assets To Aid Enforcement Of Foreign Arbitral Award

Bermuda Litigation

CO

Carey Olsen

Common Law Enforcement Of A Foreign Judgment In The BVI: The Invest Bank Case

Bermuda Litigation

C

Conyers

Update To The Adler High Court Decision: The UK's Court Of Appeal Overturns The High Court's Approval Of The Adler Restructuring Plan

Following the English High Court's written reasons for sanctioning the Adler Group restructuring plan on 21 April 2023 (you can see our deep dive on this decision here)...

Bermuda Insolvency

C

Conyers

Bermuda Litigation Guide 2024 (Chambers)

The new guides provide the latest legal information on litigation funding, initiating a lawsuit, pre-trial proceedings, discovery, injunctive relief, trials and hearings...

Bermuda Litigation

CO

Carey Olsen

Bermuda Court Appoints A Receiver Over Foreign Assets To Aid Enforcement Of Foreign Arbitral Award

In a notable recent judgment, the Bermuda Supreme Court has affirmed its willingness to aid the enforcement of foreign arbitration awards (even in the absence of assets within the jurisdiction)...

Bermuda Litigation

CO

Carey Olsen

Common Law Enforcement Of A Foreign Judgment In The BVI: The Invest Bank Case

In order for a foreign judgment to be enforced in the BVI, it must either be: (1) registered and recognised as enforceable under the Reciprocal Enforcement of Judgments Act 1922; or ...

Bermuda Litigation

C

Conyers

Part Three: Beneficiaries' Access To The Letter Of Wishes

Bermuda Litigation

KL

Kennedys Law LLP

Lau Man Sang, James And Others v. King Bun Limited And Others BVIHCMAP2021/0034

On 7 July 2023, the Eastern Caribbean Court of Appeal handed down judgment in BVIHCMAP 2021/0034 Lau Man Sang, James and Others v. King Bun Limited and Others.

Bermuda Commercial

C

Conyers

Private Client & Trust Bulletin: Summer 2023

Welcome to the latest edition of our Private Client and Trust bulletin. It is a pleasure to update you on various topics that we hope you will find of interest.

Worldwide Family

C

Conyers

Thought Leaders – Commercial Litigation 2023 – Q&A

John Wasty leads Appleby Bermuda's litigation and insolvency teams. John has been at Appleby for 15 years, having previously practiced at leading firms in London and Hong Kong, and has been admitted in six jurisdictions.

Bermuda Insolvency

A

Appleby

Change Of Governing Law And The Resettlement Of Trusts

A recent decision of the Bermuda Supreme Court has dealt with the question of whether a change of governing law of a trust and disapplication of the rule against perpetuities will result in a resettlement of the trust.

Bermuda Litigation

C

Conyers

In The Matter Of The AB Settlement [2022] SC (Bda) 92 Civ

Bermuda Litigation

CO

Carey Olsen

Sequana And The Creditor Duty: An Offshore Perspective

Bermuda Commercial

CO

Carey Olsen

Bermuda Trusts And Asset Protection - How Much Control Will Tip The Balance?

Bermuda Insolvency

CO

Carey Olsen

Bermuda Court Exercises Discretion By Declining To Appoint Nominees Of First Creditors' Meeting

Bermuda Commercial

KL

Kennedys Law LLP

Fraud, Asset Tracing & Recovery 2022/2023 – Bermuda (Commercial Dispute Resolution, CDR)

Bermuda Commercial

CO

Carey Olsen

Privy Council Issues Landmark Decision On Freezing Injunction Jurisdiction

Worldwide Litigation

C

Conyers

Bermuda Litigation

C

Conyers

Bermuda's Government And Legal System

Bermuda Law Performance

A

Appleby

Bermuda Litigation Guide 2022 (Chambers)

Bermuda Litigation

CO

Carey Olsen

Enforcement Of Foreign Judgments - Bermuda (Kluwer Law International)

Bermuda Litigation

CO

Carey Olsen

The Evolution Of The "Watchdog" Role Of Protectors

Bermuda Commercial

C

Conyers

Enforcement Of Foreign Judgments 2021

Bermuda Litigation

KL

Kennedys Law LLP

International Arbitration 2021

Bermuda Litigation

KL

Kennedys Law LLP

Enforcement Of Judgments 2021 – Law And Practice

Bermuda Litigation

A

Appleby

An Introduction To Dispute Resolution

Bermuda Litigation

A

Appleby

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Rotfleisch & Samulovitch P.C.

When The CRA Says, "No": Exploring Judicial Review For Denied Taxpayer Relief From Penalties, Interest Payments On Tax Debt

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Rotfleisch & Samulovitch P.C.

Tax Evasion Penalties: Canadian Tax Evasion Versus U.S. Tax Evasion, A Canadian Tax Lawyer Explains The Differences

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Rotfleisch & Samulovitch P.C.

[PODCAST] When Scammers Strike: How Mediation Can Help Resolve Consumer Fraud Claims

United States Litigation

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JAMS

Why Early Mediations Fail And How To Maximize Their Chances For Success

United States Litigation

J

JAMS

Jurisdiction And History Of Tariff Classification Litigation In The U.S. - Mike Smiszek, Senior Trade Advisor, Braumiller Consulting Group

United States International

BG

Braumiller Law Group, PLLC

Are "Hybrid Sales" Of Private Businesses Still A Viable Tax Planning Tool For Business Owners? A Case Comment On Foix V His Majesty The King, 2023 FCA 38

RS

Rotfleisch & Samulovitch P.C.

Year In Review: 7 Things You Need To Know About Canadian Immigration Law In 2023

Canada Immigration

Gs

Green and Spiegel

Strikes And Picketing In The Living Room: Anti-scab Provisions In The Age Of Telework

Canada Employment

SE

Stikeman Elliott LLP

Should You File A Prior Disclosure In 2023?

United States International

BG

Braumiller Law Group, PLLC

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The Journey Of Litigation (Video)

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Offit Kurman

The Class Action Weekly Wire – Episode 111: California Court Greenlights "Headless" PAGA Suit (Video)

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Duane Morris LLP

A Seat With An Expert Series: Rishi Chhatwal (Forensic Technology Edition) (Video)

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Alvarez & Marsal

Sittenfeld v. United States – Campaign Contributions As Crimes? (Video)

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Wiley Rein

Silver Airways Chapter 11: The Importance Of Obtaining Creditor Consent (Video)

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Lowenstein Sandler

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