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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Insurance & Reinsurance

International Risk Management Group Limited and International Risk Management (Bermuda) Limited v Elwood Insurance Limited and Hoechst Celanese Corp. [1993] Bda LR 48 – application for injunction to restrain defendants from pursuing litigation in foreign jurisdiction – application to set … Continue reading

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Jurisdiction

Forum non conveniens – leave to serve out of jurisdiction – R.S.C. Order 11 – application to set aside service -“rent-a-captive” arrangement – whether cause of action – material non-disclosure – Mutual Holdings (Bermuda) Limited v. American Insurance Agency and … Continue reading

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Mareva Injunction

Material non-disclosure – Whether good arguable case – Arbitration – Stay of proceedings – Whether injunction should be discharged or continued pending hearing of arbitration – GTE Reinsurance Co. Ltd. v. Belvedere Underwriting Agents Ltd . Civ. Jur. 1997 No. … Continue reading

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Sanctions

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Set-off

Equitable Set-Off – Whether liquidated cross-claim – Arbitration – Stay of proceedings – Whether summary judgment appropriate – GTE Reinsurance Co. Ltd. v. Belvedere Underwriting Agents Ltd. Civ. Jur. 1997 No. 403, 6 March 1998. Imperial Hotel Company Ltd. v … Continue reading

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Telecommunications & Techonology

Bermuda Digital Communications Ltd (t/a CellularOne) v. The Hon Michael Scott, Minister of Telecommunications and E-Commerce [2006] Bda LR 31 – terms of telecommunications licence – wireless broadband services – judicial review – interpretation Bermuda Restaurants Limited v. Daspin & … Continue reading

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