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] Bda LR 62
  • Re Cardenas Trusts (Boden and others v Cardenas and others) [1993] Bda LR 67 – variation of trust – distribution of trust funds – strike out as no cause of action – leave to serve out of the jurisdiction – restraint of foreign proceedings – standstill agreement – whether to order arbitration in Bermuda – whether trustees should be personally liable for costs already incurred
  • Re Polar Trust; Bermuda Trust Company Ltd v Ellefsen and others [1995] Bda LR 61 – trust dispute – whether trustee should defend consolidated actions – action for summary judgment regarding property settlement in divorce action – enforcement of foreign award – Beddoe application
  • Walsh and Taal v Horizon Bank International Limited (in provisional liquidation) [2006] Bda LR 42 – freezing order – tracing claim – proprietary claim – constructive trust – appropriate forum – competent forum – depletion of assets
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