Bermuda General Election scheduled for 18 July 2017

http://www.royalgazette.com/politics/article/20170608/dunkley-calls-election-for-july-18 Slightly strange timing, that the election should be called on the very same day as the UK General Election is being held … But not that surprising, given the date upon which the America’s Cup is scheduled to conclude, and the Opposition’s threatened motion of no confidence in the current Government. Continue reading Bermuda General Election scheduled for 18 July 2017

One Sheikh, Two Wives, Seven Children, Multiple Court Proceedings, and a variety of litigation twists, turns, and blunders

Mr. Justice Hellman’s recent judgment in the case of AK Bakri & Sons Ltd et al v Al Bakri et al [2017] SC Bda 40 Com, handed down on 26 May 2017 is almost stranger than fiction. In essence, the case appears to be a bitter corporate and family dispute between two sides of a Sheikh’s family (those connected to his first wife, and those connected to his second wife), each of whom claim to be the rightful shareholders and controllers of AK Bakri & Sons Ltd, a Bermudian holding company for a variety of Middle Eastern shipping, energy and … Continue reading One Sheikh, Two Wives, Seven Children, Multiple Court Proceedings, and a variety of litigation twists, turns, and blunders

AME Church and Reverend Tweed win application for judicial review against Minister’s work permit refusal

There is fairly thorough coverage of this story on both the Royal Gazette and Bernews, which I do not propose to repeat. The judgment is available online (although not yet on the Court’s website). Leaving aside the legal details, I was struck by the Applicants’ Counsel ambitious attempt to draw a comparison between Reverend Tweed and Thomas a Becket, on the one hand, and the Minister and Henry II, on the other! The Judge described Counsel’s opening submission in the following colorful terms: “No modern administrative court would have let Henry II determine any rights of Thomas a Beckett after he … Continue reading AME Church and Reverend Tweed win application for judicial review against Minister’s work permit refusal

US Supreme Court concludes that the Hague Service Convention allows service of foreign process by mail (except when it doesn’t)

In Water Splash, Inc v Menon, the US Supreme Court examined the question of whether the Hague Service Convention prohibits service of process by mail on non-US parties sued in US cases. The US Supreme Court unanimously found that service by mail is permissible where: (1) the receiving state has not objected to service by… via US Supreme Court finds that Hague Service Convention does not prohibit service of process by mail in US lawsuits — Herbert Smith Freehills – Litigation notes Continue reading US Supreme Court concludes that the Hague Service Convention allows service of foreign process by mail (except when it doesn’t)

Having the Last Word: the Order of Speeches and the Right of Reply in Bermuda Court proceedings

I have recently attended a Bermuda Court hearing in which a senior member of the Bermuda Bar (acting for a Defendant) tried to persuade the Court, at the outset of his own oral submissions, that the Plaintiff’s Counsel’s Reply speech should be tightly limited by the Court so that it might only relate to any ‘fresh point of law’ or ‘authority not previously cited’. The Court left its determination of that issue open, as a matter of practical case management, preferring to cross that bridge once it came to the commencement of any potential Reply. This is not the first time that a forensic argument … Continue reading Having the Last Word: the Order of Speeches and the Right of Reply in Bermuda Court proceedings

Nolle Prosequi in Bermuda

Nolle Prosequi is a Latin phrase and a legal term of art which effectively means ‘the Crown does not intend to continue with the prosecution on this occasion, but you better not do it again, or you won’t be so lucky next time…’. Section 487 of Bermuda’s Criminal Code Act 1907 provides, in particular, as follows: “Nolle prosequi 487 (1) The Director of Public Prosecutions may inform the Supreme Court by writing under his hand, that the Crown will not then prefer any indictment, or he may, by writing under his hand or announcement in open court, inform the Supreme … Continue reading Nolle Prosequi in Bermuda