Dishonesty is a serious allegation … even in the Cayman Islands!

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 Advertisements Continue reading Dishonesty is a serious allegation … even in the Cayman Islands!

Northern Ireland and abortion rights – 144 pages from the Supreme Court

In the matter of an application by the Northern Ireland Human Rights Commission for Judicial Review (Northern Ireland) [2018] 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

Same Sex Marriage Rights in Bermuda – the Supreme Court of Bermuda declares Bermuda’s Domestic Partnership Act 2017 to be unconstitutional!

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!

Judicial leadership amongst the Judges of the UK Supreme Court and Privy Council – a fascinating study

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

Royal Weddings and the law…

For readers interested in the legal issues &c associated with today’s Royal Wedding, here are the relevant links in chronological order: Announcement of engagement, [171127]. The Licensing Act 2003 (Royal Wedding Licensing Hours) Order 2018 [9 May 2018] Instrument of Consent [11 May 2018] Presiding Bishop Curry to give address at Royal Wedding, [11 May… via Royal Wedding – some legal links — Law & Religion UK Continue reading Royal Weddings and the law…

The UK Supreme Court confirms the enforceability of No Oral Variation clauses in English law contracts

  The Supreme Court has overturned a decision that contractual clauses requiring amendments to be in writing would not preclude amendments subsequently being effected orally: Rock Advertising Ltd v MBB Business Exchange Centre Ltd [2018] UKSC 24. This is an important judgment which means that “no oral modification” (or NOM) clauses will generally be given effect so as to… via Supreme Court breathes new life into “no oral modification” clauses — Herbert Smith Freehills – Litigation notes Continue reading The UK Supreme Court confirms the enforceability of No Oral Variation clauses in English law contracts

Human Rights in Bermuda: two steps forwards, three steps backwards?

The Court of Appeal for Bermuda has recently handed down its judgment in the case of The Minister of Home Affairs et all v Tavares & Tavares [2018] CA Bda 11 Civ. The three judges (Bell AJ, Christopher Clarke AJ, and President Scott Baker) unanimously allowed the Minister of Home Affairs’ appeal, concluding that the Minister was perfectly entitled to discriminate against non-Bermudians such as Mr. and Mrs. Tavares on issues of immigration and employment, given the specific wording of Bermuda’s 1968 Constitution and its Human Rights Act 1981. The fact that they might be British Overseas Territories Citizens (or … Continue reading Human Rights in Bermuda: two steps forwards, three steps backwards?