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 – application to declare dissolution of company void – application to be restored to the register of companies – liquidation – proof of debt – scheme of arrangement – evidence of indebtedness – existing debt or prospective debt
  • Belvedere Insurance Company Limited (in liquidation) v Caliban Holdings Limited [2000] Bda LR 42 – preliminary issue – winding up – illegal dividend – debt due and owing – statutory interpretation – reduction in capital – compliance with Companies Act – unjust enrichment – constructive trust). On appeal: [2001] Bda LR 2 – dividend payment caused Belvedere to become insolvent – approval by Minister for reduction of statutory capital – retroactive approval – strict compliance – preliminary matter
  • Hopewell International Insurance Limited v Gold Medal Insurance Company [2001] Bda LR 32 – scheme of arrangement – captive insurance companies – true meaning and effect of provisions of the scheme – although Scheme is not a contract, the court interprets it as if it were a contract – principles of construction – run-off – definition of “convene” – final distribution – estoppel
  • Re Global Crossing Ltd. [2002] Bda LR 44 – whether joint provisional liquidators are entitled to costs incurred in restructuring – statutory priority
  • UBS AG Labuan Branch, East Asia Fund Limited v Cathay Overseas Co Limited [2003] Bda LR 6 – winding up – application for stay – arbitration – option agreement
  • Annuity & Life Reassurance Ltd v Manufacturers Life Insurance Company (Barbados Branch) [2003] Bda LR 16 – statutory demand – application for order restraining Manulife from presenting petition to the Court based upon statutory demand – letters of credit – whether abuse of process as there is no debt – meaning of “debt”
  • James Henry Ting, et al v. Nicolas Timothy Cornforth Hill as liquidator of Akai Holding Limited and Kong Wah Holdings Limited [2004] Bda LR 7 – damages for breach of settlement agreement and oral agreement – application for injunction restraining the defendants from pursuing any other claims against the Plaintiff. On appeal: [2004] Bda LR 32 – liquidation of company – scheme of arrangement – examination – construction of settlement agreement – definition of “claim” – costs
  • Fidelity Advisor Series VIII and others v APP China Group Ltd [2007] Bda LR 35 – fraud – application to set aside order for scheme of arrangement – admissibility of records of telephone calls – estoppel – tort of deceit
  • Walsh and Taal v Horizon Bank International Limited (in liquidation) [2008] Bda LR 16 – fraud – beneficial ownership of offshore bank – tracing claim – scope of investment authority – breach of fiduciary duty – conspiracy
  • 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 wind up company – fraud
  • In the matter of Highland Crusader Fund II, Ltd – Commercial Court No: 352 of 2010 – winding up petition – restraining of winding up petition – contested winding up hearing
  • In the Matter of IRC Re, Limited Matter No. 50 of 2011 Commercial Court – winding-up of company 
  • In the matter of the liquidation of  Founding Partners Global Fund [2011] S.C. (Bda) 190 Civ (8 April 2011) – cross-border insolvency – turnover of assets in Bermuda – Caymanian liquidation – whether Cayman liquidator or U.S. receiver should be recognised
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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 wind up company – fraud
  • Kingate Global Fund Ltd v. Bank of Bermuda et al [2009] Bda LR 44 – failed subscribers in Madoff Feeder Fund – Mareva injunction – special purpose trust – tracing
  • Kingate Global Fund Ltd. v. Knightsbridge (USD) Fund Limited [2009] Bda LR 48 – stay of execution pending appeal – no special circumstances
  • Kingate Global Fund Ltd. v. Knightsbridge (USD) Fund Limited [2009] Bda LR 59 – appeal – whether moneys transferred for failed purpose are held on trust for subscribers – liquidation
  • BNY AIS Nominees Ltd and others v New Stream Capital Fund Ltd [2010] Bda LR 34 – mutual fund companies – segregated accounts company – appointment of receiver – segregated assets under plan – impact of insolvency on directors’ ordinary management powers
  • In the matter of the liquidation of  Founding Partners Global Fund [2011] S.C. (Bda) 190 Civ (8 April 2011) – cross-border insolvency – turnover of assets in Bermuda – Caymanian liquidation – whether Cayman liquidator or U.S. receiver should be recognised
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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 Authority [2004] Bda LR 67 – powers of BMA – disclosure to regulatory authority – right to confidentiality
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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 aside service – insurance claims – Bermuda captive insurance company – application to strike out statement of claim
  • Kansa General International Insurance Co. Ltd and Kansa International Insurance Co (Bermuda) Ltd. v Herald Insurance Co. Ltd and Northwestern National Insurance Co. [1994] Bda LR 38 – summary judgment – payment into court – main action for declaration that reinsurance contracts be avoided – agent – breach of fiduciary duty – construction of reinsurance slips
  • Agrinational Limited and others v Erieview Insurance Company Limited [1995] Bda LR 34 – declaration of non-liability for claim made under reinsurance contract – insurance – consent order – whether insurance coverage extends to subsidiaries or affiliates – preliminary matters.  On appeal: [1995] Bda LR 17 – contract of reinsurance – retrocession
  • Bermuda Fire and Marine Insurance Co Ltd v BF&M Limited; Asbestos Claims Management Corp v BF&M Limited [1996] Bda LR 63 – application for strike out – no reasonable cause of action – joinder of defendants – abuse of process – leave to amend pleadings
  • Bermuda Fire and Marine Insurance Co Ltd v BF&M Limited; Asbestos Claims Management Corp v BF&M Limited [1997] Bda LR 31 – joint application for order that certain issues be deemed to be preliminary issues – Summons for Directions – application for leave to re-amend defence – appointment of representative shareholder – split trial
  • Hopewell International Insurance Limited v Gold Medal Insurance Company [2001] Bda LR 32 – scheme of arrangement – captive insurance companies – true meaning and effect of provisions of the scheme – although Scheme is not a contract, the court interprets it as if it were a contract – principles of construction – run-off – definition of “convene” – final distribution – estoppel
  • Mutual Holdings (Bermuda) Limited v American Patriot Insurance Agency and Hendricks [2004] Bda LR 11 – claim for monies payable – specific performance – insurance agreement – rent-a-captive – forum non conveniens – leave to serve writ out of the jurisdiction – preliminary issue – application to set aside service – disclosure of relevant matters
  • Lisa SA v Leamington Reinsurance Co Ltd and Avicola Villalobos SA [2008] Bda LR 32 – jurisdiction of Court to determine prior to trial the scope of issues – agreement to abandon certain claims – attempt to resurrect those claims
  • Lisa SA v Leamington Reinsurance Company Ltd and Avicola Villalobos SA [2008] Bda LR 51 – fraud – reinsurance contracts – whether indirect interest in Leamington was sold by sale of company shares – whether actionable injury – conspiracy to defraud
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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 Hendricks [2004] Bda LR 11
  • Enforcement of foreign judgment and arbitral award – competing claims – priority – sovereign immunity – service out of jurisdiction New Skies Satellite BV v. FG Hemisphere Associates LLC [2005] Bda LR 59 – Forum non conveniens – leave to service out of jurisdiction – insurance dispute – meaning of “competent jurisdiction” – location where tort committed – breach of contract rather than tort
  • 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 aside service – insurance claims – Bermuda captive insurance company – application to strike out statement of claim
  • 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
  • Utilicorp United Inc. and Aquila Energy Resources Corp v Renfro and Bermuda Trust Company Ltd and Hickory Hill Corp. [1994] Bda LR 79 – worldwide Mareva injunction – forum non conveniens – tracing claim – fraud – discovery – non-disclosure – indorsement of writ
  • Georgia Technologies Ltd. v NTI Resources Ltd. [1996] Bda LR 73 – specific performance – appropriate forum – summary judgment – stay of proceedings
  • Mutual Holdings (Bermuda) Limited v American Patriot Insurance Agency and Hendricks [2004] Bda LR 11 – claim for monies payable – specific performance – insurance agreement – rent-a-captive – forum non conveniens – leave to serve writ out of the jurisdiction – preliminary issue – application to set aside service – disclosure of relevant matters
  • FG Hemisphere Associates LLC v Democratic Republic of the Congo and the Office Congolais des Postes et Telecommunications [2005] Bda LR 26 – application by New Skies for enforcement of foreign judgment – service out of the jurisdiction – locus standi.  On appeal sub nomine: New Skies Satellite BV v. FG Hemisphere Associates LLC [2005] Bda LR 59 – enforcement of judgment – competing claims – priority – sovereign immunity – service out of the jurisdiction – arbitration award
  • 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
  • Universal Reinsurance Co. Ltd. v. Holden & Co. et al [2006] Bda LR 26 – insurance dispute – Leave to serve out of the jurisdiction – forum non conveniens – breach of contract rather than tort
  • Munib Masri v. Consolidated Contractors International Company SAL, Teyseer Contracting Company WLL (Intervenor) [2010] Bda LR 21 – enforcement of judgment debt – contested receivership – registration of UK judgment in Bermuda – whether receiver can be appointed to collect joint debt – situs of debt
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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. 403, 6 March 1998.
  • Jurisdiction – Bermuda – injunction issued in connection with the registration of a foreign judgment under the Judgments (Reciprocal Enforcement) Act 1958 – whether a substantive cause of action in existence – ‘The Siskina’ applied Berliner Bank A.G. v. John Karageorgis and Silver Carriers S.A [1997] Bda LR 37; (1997/98) 1 O.F.L.R. 145.
  • Utilicorp United Inc. and Aquila Energy Resources Corp v Renfro and Bermuda Trust Company Ltd and Hickory Hill Corp. [1994] Bda LR 79 – worldwide Mareva injunction – forum non conveniens – tracing claim – fraud – discovery – non-disclosure – indorsement of writ
  • Walsh and Taal v Horizon Bank International Limited (in provisional liquidation) [2006] Bda LR 42 – Mareva injunction – tracing claim – proprietary claim – constructive trust – appropriate forum – competent forum – depletion of assets
  • Kingate Global Fund Ltd v. Bank of Bermuda et al [2009] Bda LR 44 – failed subscribers in Madoff Feeder Fund – Mareva injunction – special purpose trust – tracing
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Reinsurance/Retrocession

  • Excess of Loss – Construction of Facultative Reinsurance Certificate – Relationship between retrocession contract and original insurance contract – Captive Reinsured – Whether retrocession contract covered subsidiary and affiliated companies of Parent Company 



    Agrinational Insurance Ltd. v. Eireview Insurance Co. Ltd. [1995] Bda LR 17.

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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 Bermuda Business Club Ltd and Duzevic [1996] Bda LR 69 – landlord and tenant – arrears of rent – order for summary judgment – order for possession – equitable set off
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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 & Convergex [2009] Bda LR 7 – defamation – libel by email – preliminary issue – vicarious liability – scope of employment – publication]
    • Sesame Workshop & BBC Limited v. Bermuda Cablevision Ltd [2011] Application to strike-out Locus standi to sue – Copyright infringement of exclusive licences to broadcast
    • Bermuda Digital Communications Ltd v. Minister of Telecommunications and E-Commerce [2006] Bda LR 31; [2007] Bda LR 79 – internet service – Class B telecommunications licence – terms of licence – whether service includes transmissions to and from Bermuda, rather than within Bermuda
    • Bermuda Cablevision Limited v Department of Telecommunications [2009] Bda LR 1 – judicial review – transmission of local broadcasting channels – new regime – statutory interpretation
    • Bermuda Cablevision Limited v Department of Telecommunications [2009] Bda LR 14 – judicial review – whether Bermuda Telecommunications Commission has standing to be a party – application to discharge injunction
    • Digicel Bermuda v. Minister of Environment [2011] (presently unreported) – telecommunications – appeal against Minister’s decision to refuse planning permission – “trade & business premises”
    • Sesame Workshop & BBC Limited v. Bermuda Cablevision Ltd [2011] (presently unreported) – application to strike-out – locus standi to sue – copyright infringement of exclusive licences to broadcast
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