learning from experience

Case Studies

The Law of Reinsurance in England and Bermuda – October 2010

Synopsis: The Law of Reinsurance in England and Bermuda delivers comprehensive analysis of the law and practice of reinsurance in England & Wales and Bermuda. It provides an in depth statement and discussion of reinsurance law in the context of its

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.

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

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

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 –

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]

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

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

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