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 in Actions) Act 1885 – captive insurance company incorporated in Bermuda – whether parent “doing business in Bermuda by agents or branches” International Risk Management Group Ltd & ors. v. Elwood Insurance Limited & ors. [1993] Bda LR 48.
  • Proprietary Injunction – whether material non-disclosure – whether discretion to continue injunction should be exercised – jurisdiction – Rules of the Supreme Court of Bermuda 1985, Order 11 Rule 1(1)(j) – whether good arguable case – Seaconsar v. Bank Markazi applied – pleading – generally endorsed writ of summons – whether writ disclosed cause of action – fraud – equitable tracing – Utilicorp United Inc. v. Renfro & others [1994] Bda LR 79.
  • Interlocutory injunction – Breach of Confidence – powers of Bermuda Monetary Authority – disclosure to foreign regulatory authority – right to confidentiality – Golden Accumulator Ltd and others v. Bermuda Monetary Authority [2004] Bda LR 67
  • Mandatory Interlocutory Injunction – enforcement of arbitration agreement – mandatory injunction compelling defendant to withdraw injunction granted in Russian proceedings – cross-undertaking in damages – OAO “CT-Mobile” v. IPOC International Growth Fund Limited [2006] Bda LR 53
  • 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

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Chambers – Insurance (ASW Ranked Band 2, Neil Horner Ranked Band 1)

What the team is known for Acclaimed Bermudian practice offering strength in both contentious and non-contentious insurance mandates. Noted for its experienced handling of significant multi-jurisdictional M&A transactions. Provides high-end advice to an array of international and domestic insurance companies,

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