We set out below a list of topics relating to some of the most important cases involving members of the firm. Please click on a topic for a list of those cases and a key word summary of the legal issues involved in each case. To obtain a copy of any of these cases, or more information on Bermuda law, please contact us at info@aswlaw.com.

Arbitration

Enforcement of agreement to arbitrate – anti-suit injunction – stay of proceedings – whether Bermuda court had jurisdiction to restrain foreign legal proceedings brought in breach of arbitration agreement – whether seat of arbitation Bermuda – Skandia International Insurance Co. … Continue reading

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Company Law

Annual General Meeting – Members – whether persons who were not Members of the Company entitled to attend Meeting – whether directors entitled to exclude from the Meeting persons who were not Members of the Company without putting question to … Continue reading

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Costs

First Atlantic Commerce Ltd v The Bank of Bermuda Ltd [2007] Bda LR 4 – construction – security for costs – re-re-re-amend Statement of Claim – application for disclosure – whether split trial should be ordered – estoppel First Atlantic … Continue reading

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Enforcement

Georgia Technologies Ltd. v NTI Resources Ltd. [1996] Bda LR 73 – specific performance – appropriate forum – summary judgment – stay of proceedings Imperial Hotel Company Limited v Bermuda Business Club Limited and Duzevic [1997] Bda LR 17 – … Continue reading

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Equity & Trusts

Mortgage – Lease with option to purchase – whether separate transactions – whether option clog on mortgagor’s equity of redemption – Bermuda – Companies Act 1981 – whether option ultra vires Bermuda Commercial Bank Ltd. v. Bickley & others [1993] … Continue reading

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Fraud/Fraudulent Conveyance

Bermuda – Conveyancing Act 1983, s. 37 – Company law – shares – declaration of dividend in specie – Whether dividend in specie capable of being a fraudulent conveyance – Pleading – Whether statement of claim should be struck out … Continue reading

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Injunction

Anti-Suit Injunction – whether Bermuda court had jurisdiction to restrain foreign legal proceedings – rules of the Supreme Court of Bermuda 1985, Order 11 Rule 1(1)(h),(j) – whether foreign proceedings vexatious or unconscionable – Bermuda – the External Companies (Jurisdiction … Continue reading

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Insolvency

Chesapeake Insurance Co. Ltd., Mutual Fire, Marine & Inland Insurance Co. v Chesapeake Insurance Co. Ltd. [1992] Bda LR 4 – disputed debts – security Manhattan Re-insurance Company v Eastport Insurance Company Ltd. [1994] Bda LR 18 – winding up … Continue reading

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Funds

Re Stewardship Credit Arbitrage Fund Ltd; BNY AIS Nominees Ltd and others v Stewardship Credit Arbitrage Fund Ltd. [2008] Bda LR 67 – redemption of shares – action for disputed debt leading to insolvency of fund company – petition to … Continue reading

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Insurance Regulation

Bermuda – Insurance Act 1978, s. 31C – whether requirements of statute mandatory – whether dividend payment illegal 

– Belvedere Insurance Company (In Liquidation) v. Caliban Holdings Limited [2001] Bda LR 2 Golden Accumulator Ltd and others v Bermuda Monetary … Continue reading

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