There are a variety of publications that promote the use of mediation as a method for resolving disputes (or certain kinds of disputes) in Bermuda, as in other jurisdictions. And yet, amongst certain members of the Bar, there appears to be a certain level of resistance to the idea of mediation (perhaps, a cynic might say, because a prompt settlement achieved by consent through a commercial and pragmatic mediation is potentially much less profitable for a lawyer and a law firm than years’ worth of litigation and contested Court hearings). It was somewhat refreshing to read, therefore, a recent judgment of Mrs. Justice … Continue reading Mediation: a better way for Bermuda?
For more details, see Re Afterpay Holdings Limited  FCA 570. See also: https://www.touchcorp.com/images/TCH_ASX-Announcement_Merger-to-proceed.pdf https://www.touchcorp.com/images/TCH_ASX-Announcement_Touchcorp-Scheme-Booklet_Combined-Final.pdf Continue reading Afterpay Holdings and Touchcorp Limited: Federal Court of Australia approves convening of shareholder meetings for Scheme of Arrangement designed to effect merger between Australian company and Bermudian company
Another case in which truth appears to be stranger than fiction. https://www.casino.org/news/billionaire-michael-degroote-frail-missing-millions-mafia-lawsuit http://news.nationalpost.com/news/canada/former-jet-setting-canadian-billionaire-now-mentally-unfit-for-battle-over-failed-casino-deal-lawyers Continue reading Canadian billionaire with Bermuda connections declares himself ‘mentally unfit’ to conduct litigation
The most senior practising member of the Bermuda Bar today (in terms of first call to the Bermuda Bar *) is Ms. Shirley Simmons, who was first called to the English Bar on 22 November 1966 (shortly after England won the football World Cup final!), and then called to the Bermuda Bar on 2 June 1967 (just over 50 years ago, and shortly before Bermuda’s modern Constitution was brought into force in 1968, pursuant to legislation enacted in 1967). All Bermudians and lawyers should be proud of Ms. Simmons’ achievements over 50 continuous years of legal service, and so it … Continue reading Women’s Legal Network of Bermuda celebrates the 50th anniversary of Shirley Simmons’ call to the Bermuda Bar
The Bermuda Bar is usually well-known for its old-fashioned courtesy and politeness, both to the Court and to opposing Counsel. However, there have been an increasing number of reported decisions published by the Bermuda Courts in which the judiciary have demonstrated remarkable patience with certain members of the Bar, who appear to have either forgotten (or never received proper training in) some of the most basic courtesies and responsibilities expected of Counsel, so far as the Court is concerned. Three recent examples illustrate this proposition: in Johnston v Proctor  SC Bda 39 App, a civil appeal against a Magistrate’s … Continue reading Courtesy to the Court: scope for improvement?
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
Mr. Justice Hellman’s recent judgment in the case of AK Bakri & Sons Ltd et al v Al Bakri et al  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