In a recent decision, the High Court rejected an application for an interim injunction restraining publication of a decision to impose sanctions on an accountancy firm. The court applied a high threshold test when considering the publication of the decision by a public body and concluded this case was not sufficiently “exceptional” to warrant an… via High Court applies high threshold test to injunctions against public bodies — Herbert Smith Freehills – Litigation notes Advertisements Continue reading English High Court applies high threshold test to injunctions against public bodies
This story was reported in today’s Royal Gazette. Despite the reporter’s best efforts at investigative journalism, it’s a bit hard to make complete sense of the story, given some rather cryptic quotations, some incomplete background information, and the fact that certain protagonists appear to have been unavailable or unwilling to comment, whether in detail or at all. Whatever the potential merits of the lawyer’s complaints against the Professional Conduct Committee (or potential lack thereof), there do appear to be an increasing number of publicly-reported concerns or complaints regarding alleged (but disputed) conflicts of interest on the part of private-practice lawyers in Bermuda who also multi-task (often … Continue reading A lawyer applies for judicial review of the Professional Conduct Committee of the Bermuda Bar Association: apparently unsuccessfully …
In a recent decision of the Grand Court of the Cayman Islands (In the Matter of a settlement dated 16 December 2009), Justice Kawaley granted the trustee’s ex parte application for confidentiality protections, including to place only an anonymized version of the Court documents on the public file and for all applications relating to the… via Cayman Court considers relevant ‘gateways’ for accessing a confidentiality order in relation to a non-contentious trust application — The Offshore Litigation Blog Continue reading Cayman Court considers relevant ‘gateways’ for accessing a confidentiality order in relation to a non-contentious trust application
The Grand Court of the Cayman Islands has set out the requirements for pleading a cause of action of “dishonest assistance” and reaffirmed established principles of the defence of estoppel. The decision of William Ritter & Geneva Insurance SPC Limited (In Voluntary Liquidation) v Butterfield Bank (Cayman) Limited (Unreported, Cause No. G 224 of 2015,… via Dishonesty is a serious allegation and not to be pleaded lightly: a “rolled up plea” is not sufficient — The Offshore Litigation Blog Continue reading Dishonesty is a serious allegation … even in the Cayman Islands!
In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland)  UKSC 27 On 7th June 2018, the Supreme Court handed down judgment in the case of regarding the controversial issue of the legal framework regulating abortion in Northern Ireland. The judgment could not have come at a more […] via Supreme Court rules on challenge to abortion ban in Northern Ireland — UK Human Rights Blog Continue reading Northern Ireland and abortion rights – 144 pages from the Supreme Court
The legal pendulum swings again, less than a week after the Domestic Partnership Act 2017 came into force (legalizing same sex ‘domestic partnerships’/’civil unions’, but prohibiting same sex ‘marriages’). There is much to be discussed and analysed in Chief Justice Kawaley’s judgment. The Court’s own summary of the judgment is available here. A simple internet search will take you to a range of news articles on the judgment, both in the local and international media. I will try to address certain themes in subsequent blog posts. The judgment requires some careful analysis, however, given the nature of the Chief Justice’s … Continue reading Same Sex Marriage Rights in Bermuda – the Supreme Court of Bermuda declares Bermuda’s Domestic Partnership Act 2017 to be unconstitutional!
It has been a busy nine months since Lady Hale assumed formal leadership of the UK Supreme Court. During this time she has sworn-in three new colleagues, lead the court on a historic sitting in Northern Ireland, delivered or contributed to judgments in relation to police investigations of violent crime, cohabitee’s pension rights, the treatment […] via Erika Rackley and Rosemary Hunter: Judicial Leadership, Lady Hale and the UK Supreme Court — UK Constitutional Law Association Continue reading Judicial leadership amongst the Judges of the UK Supreme Court and Privy Council – a fascinating study