- 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
Chambers – Corporate & Finance (ASW Ranked Band 2, Neil Horner Ranked Band 1)
What the team is known for Highly rated corporate group renowned for its proficiency in transactions related to insurance and reinsurance. Ably represents multinational investment funds, insurance corporations and clients in the financial services sector. Enjoys longstanding recognition for its