Search Judgments

Showing 551–575 of 2041 results

Case Name Date Court Jurisdiction Judge Type
The Court of Appeal for Bermuda CRIMINAL APPEAL No. 3 of 2016 THE QUEEN v CHAVDAR BACHEV and GEORGI TODOROV 2016-06-14 Court of Appeal four months' imprisonment is manifestly inadequate. He points out that the maximum penalty for theft is 10 years' imprisonment and for money laundering 20 years' imprisonment. It has been said before, and I repeat it, that offences directed at the financial integrity of Bermuda, of which money laundering is one, are particularly serious and require deterrent sentences. Judgment
CENTRE FOR JUSTICE Applicant v THE ATTORNEY GENERAL AND MINISTER OF LEGAL AFFAIRS (acting on his own behalf and on behalf of the Government of Bermuda, including the Premier and the Parliamentary Registrar) PRESERVE MARRIAGE LIMITED OUTBermuda
[2016] SC (Bda) 64 Civ (10 June 2016)
2016-06-10 Supreme Court Civil Premier to hold referendum on same sex Judgment
Michael Barbosa Christine Barbosa v Minister For Home Affairs Attorney General
[2016] SC (Bda) 63 Civ (8 June 2016)
2016-06-08 Supreme Court Civil Judgment
BILLY ODOCH Appellant v The Queen
[2016] SC (Bda) 61 App (7 June 2016)
2016-06-07 Supreme Court Appellate Kawaley Judgment
Leighton Griffiths Rodericka Griffiths v Minister Of Home Affairs The Acting Governor Of Bermuda The Commissioner Of Prisons
[2016] SC (Bda) 62 Civ (7 June 2016)
2016-06-07 Supreme Court Civil imprisonment for a serious drug-related offence and is the subject of a Judgment
HARRY MATTHIE (on behalf of himself, and the executive and certain other members of the Bermuda Parent Teacher Student Association) v The Minister Of Education The Commissioner Of Education
[2016] SC (Bda) 59 Civ (3 June 2016)
2016-06-03 Supreme Court Civil Hellman Judgment
Wolda Gardner v The Queen 2016-06-03 Court of Appeal Baker Judgment
Raynors Service Station v Earlston Bradshaw
[2016] SC (Bda) 60 App ( 3 June 2016)
2016-06-03 Supreme Court Appellate Kawaley Judgment
ANDREAS BATTISTON Appellant v Pernell Grant
[2016] SC (Bda) 58 App (31 May 2016)
2016-05-31 Supreme Court Appellate Kawaley Judgment
FIONA MILLER (Police Sargent) v Romario Dill
[2016] SC (Bda) 57 App (26 May 2016)
2016-05-26 Supreme Court Appellate Kawaley Judgment
Re The C Trust
[2016] SC (Bda) 53 Civ (16 May 2016)
2016-05-16 Supreme Court Civil Kawaley Reasons For Decision
WISE SPIRIT INTERNATIONAL LIMITED TAISHAN CAPITAL MANAGEMENT LIMITED GREATER ACHIEVE LIMITED Applicants v Mingyuan Medicare Development Company Limited
[2016] SC (Bda) 56 Civ (13 May 2016)
2016-05-13 Supreme Court Civil Kawaley Ex Tempore Ruling
DEVON HEWEY and JAY DILL v The Queen 2016-05-13 Court of Appeal Privy Council in Selassie and Pearman v The Queen [2013] UKPC 29. There were concurrent sentences of 12 years' imprisonment for the firearm offences. These are our reasons for dismissing the appeals against conviction.
Lekan Scott v The Attorney-General
[2016] SC (Bda) 52 Civ (12 May 2016)
2016-05-12 Supreme Court Civil Kawaley Judgment
Ex Tempore Appeal Judgment-R v Committee of 25.txt
[2016] SC (Bda) 54 App (12 May 2016)
2016-05-12 Supreme Court Appellate Kawaley Ex Tempore Judgment
Capcar Enterprises Ltd v WESTPORT TRUST COMPANY LIMITED (as Trustee of the Laylash Trust) LOIS WILSON ONESIMUS NZABALINDA DAVID RANDOLPH WILSON (in both cases as Trustees of the Laylash Trust)
[2016] SC (Bda) 55 Civ ( 12 May 2016)
2016-05-12 Supreme Court Civil Hellman Ex Tempore Ruling
Nigel Paul Clark v The Minister Of Home Affairs
[2016] SC (Bda) 51 App (11 May 2016)
2016-05-11 Supreme Court Appellate Judgment
Jason Adam Decouto v THE QUEEN ## EX TEMPORE JUDGMENT (In Court) Appeal against sentence – possession of firearm – whether before passing sentence Magistrate should have informed the defence that he did not accept the facts put forward in mitigation – whether exceptional circumstances – whether sentence should have been suspended **Date of hearing:** 4th May 2016 Mr C. Craig S. Attridge, Barrister & Attorney, for the Appellant Ms Cindy E. Clarke, Deputy Director of Public Prosecutions, for the Respondent 1. On 20th November 2015 the Appellant pleaded guilty in the Magistrates' Court to one count of possession of a firearm contrary to section 3(1)(a) of the Firearms Act 1973 ("the 1973 Act") before the Worshipful Archibald Warner and was sentenced to 30 days' imprisonment. He appeals against sentence, which he has already served, on the grounds that it was wrong in principle and/or manifestly harsh and excessive. The appeal is unopposed, although the parties differ as to what the correct sentence should be. 2. I gave a short ex tempore judgment at the close of the hearing. At the request of the parties I have reduced it to writing. In so doing I have expanded upon it to address some of the points which were covered during counsels' oral submissions, including some legal research arising from them, and to make it more readily intelligible to the general reader who has no prior knowledge of the case. 3. The facts were not disputed, either before the learned Magistrate or before me. The Appellant served part time as a sergeant in the Royal Bermuda Regiment ("the Regiment") from May 2003 until 24th February 2004 when, upon completion of his term of service, he was honourably discharged. His duties included distributing magazines and ammunition. While in active service, a member of the Regiment may lawfully carry firearms and ammunition. On one occasion the Appellant took two empty magazines home with him from a .223 calibre Ruger Mini 14 Rifle, then put them in a container and forgot about them. 4. On 6th April 2015, more than 11 years later, police officers searched the Appellant's house in relation to another matter and found the magazines in a closet. He was arrested and charged with possession of a firearm. Under section 1(1) of the 1973 Act, a "firearm" means a lethal barreled weapon of any description from which any shot, bullet or other missile can be discharged, and includes any component of such a lethal or prohibited weapon, such as a magazine. When interviewed under caution the Appellant acknowledged possession of the magazines and stated "that is from my Regiment days". He pleaded guilty to the charge at the earliest opportunity. 2016-05-04 Court of Appeal Appellate Hellman Ex Tempore Judgment
JS v CS Divorce – Financial Provision – Ancillary Relief – Child Maintenance Non -Matrimonial Property – inheritance Parties married about 15 years having two children – maintenance for children – Inherited property after marital breakdown -- Pension sharing – judge made award to equalize pension on a needs basis. Matrimonial Causes Act 1974 Section 29 Dates of hearing: 18, 19 and 25 January 2016
[2016] SC (Bda) 48 Div (2 May 2016)
2016-05-02 Supreme Court Divorce Judgment
Cardoza'S Garage Limited v THE MINISTER OF HEALTH SENIORS AND THE ENVIRONMENT REASONS FOR DECISION (in Chambers) Clean Air Act 1991-rules governing service of documents- Appeal to Supreme Court-time for appealing-application for extension of time-governing principles-Rules of the supreme Court 1985 Order 3 rule 5 and Order 55
[2016] SC (Bda) 46 App (2 May 2016)
2016-05-02 Supreme Court Appellate Reasons For Decision
COLLIN MOODIE Appellant v The Queen
[2016] SC (Bda) 45 App (28 April 2016)
2016-04-28 Supreme Court Appellate Ex Tempore Judgment
CAROLYN PATRICIA WILKINSON Petitioner v Norris Victor Wilkinson
[2016] SC (Bda) 44 Div (27 April 2016)
2016-04-27 Supreme Court Divorce Kawaley Ruling
BE'TRICE ANNETTA BUTTERFIELD KANERIKA SHIREE HUGHES as successor of her mother JULIET BURNETTA HUGHES (deceased 11th August 2009) v HSBC BANK BERMUDA LIMITED (formerly the Bank of Bermuda Limited) ANTHEA BERNICE HUGHES (deceased 11th August 2009) as Executors and Trustees for the Estate of Javan Gershom Henry Hughes, deceased
[2016] SC (Bda) 43 Civ (25 April 2016)
2016-04-25 Supreme Court Civil
Hiram Edwards v THE MINISTER OF FINANCE First Defendant THE ATTORNEY GENERAL Second Defendant
[2016] SC (Bda) 41 Civ (15 April 2016)
2016-04-15 Supreme Court Civil Hellman Judgment
STEFON SOMMERSALL Appellant v The Queen 2016-04-13 Supreme Court Appellate Judgment
Denise Anne Peniston v David Stuart Peniston Ancillary Relief Proceeding: Agreed Consent Order: Two applications: Petitioner seeks enforcement of order for monthly payments plus payments of arrears of maintenance. Respondent seeks variation of consent order to reduce amount of monthly payments because of financial hardship. The Respondent complains that the consent order was entered into under duress from his counsel: Material Non-Disclosure – Legal advice upon making the consent order: Respondent blames lawyer bad advice. Delay between order and application to set aside- principle of finality. Matrimonial Causes Act 1974 section 35 Dates of Hearing: 16 and 17 November 2015
[2016] SC (Bda) 47 Div (11 April 2016)
2016-04-11 Supreme Court Divorce Decision
Judgment-Stowe-v-R.txt
[2016] SC (Bda) 40 App (11 April 2016)
2016-04-11 Supreme Court Appellate Judgment
Patrick Glenn Lake v The Public Service Commission
[2016] SC (Bda) 39 Civ (8 April 2016)
2016-04-08 Supreme Court Civil Kawaley Judgment
G-Minks-v-E-Minks-2016-SC-Bda-38-Div-6-April-2016.txt
[2016] SC (Bda) 38 Div (6 April 2016)
2016-04-06 Supreme Court Divorce Hellman Judgment
Ex-Tempore-Appeal-Judgment-Josette-Trott-v-Kauwanda-Tomlinson.txt
[2016] SC (Bda) 37 App (4 April 2016)
2016-04-04 Supreme Court Appellate Ex Tempore Judgment
Re TINEE HARVEY DENNIKA WARREN -v- Appellant CIVIL APPEAL No. 14 of 2015 Between: COLONIAL INSURANCE COMPANY LIMITED -v- Appellant KATE AND JAMES THOMSON 2016-04-01 Court of Appeal Civil Baker Judgment
The Attorney-General Of Bermuda The Chairman Of The Parole Board The Minister Of National Security The Minister For Home Affairs v Leighton Griffiths 2016-04-01 Court of Appeal Civil Baker Judgment
Smith v Ron Magnum 2016-03-31 Court of Appeal Civil Kawaley Ex Tempore Ruling
Ex-Tempore-Appeal-Judgment-Keino-Lamber-v-R.txt 2016-03-30 Supreme Court Appellate imprisonment should have been suspended Ex Tempore Judgment
Trustee L And Others v The Attorney General And Others
[2016] SC (Bda) 50 Com (24 March 2016)
2016-03-24 Supreme Court Civil Hellman Ruling
Falcon Onene Anglies v Minister For Home Affairs 2016-03-24 Supreme Court Civil yesterday's date. And in reaching this conclusion, I take into account the fact that the decision of yesterday's date was not really the main substantive decision but merely confirmation of a decision which was made on 18th December 2015. And if one takes the timeline back further, it was on 18th August 2015 that a letter was written by the lawyers for Mrs Anglies advising Mr Anglies to leave the matrimonial home. And so when he received the letter of 18th December 2015, the Plaintiff had considerable time to formulate his response. While I accept that he had limited funds and perhaps could not afford to initiate legal proceedings as a first step, he certainly could have invited the Minister to reconsider before 7th March. It is now more than two weeks later that he is seeking a stay in circumstances where he is unable to identify any strong or convincing legal grounds on which he could invalidate the Minister's decision. Ex Tempore Ruling
Diana Elizabeth Williams v ALLISTER WILLIAMS (in the capacity of trustee for the estate of Donald James Williams) CHRISTOPHER WILLIAMS (in the capacity of trustee for the estate of Donald James Williams) TITO WILLIAMS (in the capacity of trustee for the estate of Donald James Williams) 2016-03-24 Supreme Court Civil Upjohn J. in Halsall v Brizell [1957] Ch. 169. In that case, the Defendant's predecessor in title had been granted the right to use the estate roads and sewers and had covenanted to pay a due proportion for the maintenance of these facilities. It was held that the Defendant could not exercise the rights without paying his costs of ensuring that they could be exercised. Conditions can be attached to the exercise of a power in express terms or by implications. Halsall v Brizell was just such a case and I have no difficulty in whole-heartedly agreeing with the decision. It does not follow that any condition can be rendered enforceable by attaching it to a right nor does it follow that every burden imposed by a conveyance may be enforced by depriving the covenantor's successors in title every benefit which he enjoyed thereunder. The condition must be relevant to the exercise of the right. In Halsall v Brizell, there were reciprocal benefits and burdens enjoyed by the users of the roads and sewers. In the present case, clause 2 of the 1960 conveyance imposes reciprocal benefits and burdens of support but Clause 3 which imposed an obligation to repair the roof is an independent provision. In Halsall v Brizell, the Defendant could, at least in theory, choose between enjoying the right and paying his proportion of the cost or alternatively giving up the right and saving his money. In the present case, the owners of Walford House could not in theory or in practice be deprived of the benefit of mutual rights of support if they fail to repair the roof." Judgment
Minister Of Finance v Ap (formerly known as Aa)
[2016] SC (Bda) 30 Civ (23 March 2016)
2016-03-23 Supreme Court Civil Hellman
LATISHA CHERYL MORANDA LIGHTBOURNE Appellant v Shawn Amiel Ainsworth Thomas 2016-03-23 Supreme Court Appellate this Court which was binding on it, because there was no clear statutory jurisdiction to supervise the affairs of a vulnerable adult in the same manner as the Family Court could plainly oversee the welfare of a child. Reasons For Decision
Uprise Corporation Limited Wise Spirit International Limited Taishan Capital Management Limited v MINGYUAN MEDICARE DEVELOPMENT COMPANY LIMITED GREATER ACHIEVE LIMITED GET NICE LIMITED & ORS REASONS FOR DECISION (in Court)1 1 This Judgment was circulated without a formal hearing to hand it down. Companies Act 1981 sections 72, 76 and 79-failure to convene annual general meeting-relief sought by person lacking standing as a ‘member’-power of court to grant relief to beneficial owner of shares-inherent jurisdiction of court
[2016] SC (Bda) 28 Civ ( 22 March 2016)
2016-03-22 Supreme Court Civil Kawaley Reasons For Decision
The Minister Of Home Affairs v Bermuda Industrial Union ("Biu") Bermuda Public Services Union ("Bpsu") Bermuda Union Of Teachers ("But") Prison Officers Association Fire Officers Association
[2016] SC (Bda) 27 Civ (21 March 2016)
2016-03-21 Supreme Court Civil Ruling On Costs
KINGATE GLOBAL FUND LIMITED (In Liquidation) KINGATE EURO FUND LIMITED (In Liquidation) v KINGATE MANAGEMENT LIMITED FIM LIMITED FIM ADVISERS LLP FIRST PENINSULA TRUSTEES LIMITED (as Trustee of the Ashby Trust) PORT OF HERCULES TRUSTEES LIMITED (as Trustee of the El Prela Trust) ASHBY HOLDING SERVICES LIMITED EL PRELA GROUP HOLDING SERVICES LIMITED MR CARLO GROSSO MR FEDERICO CERETTI ASHBY INVESTMENT SERVICES LIMITED EL PRELA TRADING INVESTMENTS LIMITED ALPINE TRUSTEES LIMITED INTERIM RULING ON PLAINTIFF’S SUMMONS OF 13TH NOVEMBER 2015 (In Chambers)
[2016] SC (Bda) 26 Com (17 March 2016)
2016-03-17 Supreme Court Civil Hellman
China Health Group Limited v SPEEDY BRILLIANT INVESTMENTS LIMITED YING WEI REASONS FOR DECISION (in Court)
[2016] SC (Bda) 25 Civ (15 March 2016)
2016-03-15 Supreme Court Civil Kawaley Reasons For Decision
The Minister Of Home Affairs v BERMUDA INDUSTRIAL UNION (“BIU”) CHRIS FURBERT JP CHRIS FURBERT, President, for and on behalf of the General Council of the BIU, employees and shop stewards NICHOLAS TWEED, for an on behalf of the People’s Campaign
[2016] SC (Bda) 24 Civ ( 11 March 2016)
2016-03-11 Supreme Court Civil Kawaley Ex Tempore Ruling
THE MAJURO INVESTMENT CORPORATION (a company incorporated in the Marshall Islands) v VASILE TIMIS (also known as FRANK TIMIS) DERMOT COUGHLAN CRAIG COUGHLAN EDEN DERVAN (also known as ADEN DERVAN) GLOBAL IRON ORE, LIMITED (a company incorporated in Cyprus, in Liquidation) FERRERO LAW FIRM AFRICAN MINERALS LIMITED (a company incorporated in Bermuda, in Administration) TONKOLILI IRON ORE (SL) LIMITED (a company incorporated in Sierra Leone)
[2016] SC (Bda) 22 Com (10 March 2016)
2016-03-10 Supreme Court Civil Kawaley Ruling On Costs
(Aka EARL R DARRELL), DECEASED AND IN THE MATTER OF THE CHILDREN ACT 1998 PATRICIA ROSE ANN HILL Applicant v SHARELL EYVETTE PHILIPS (aka SHARELL EVETTE PHILIPS, CHERYL EVETTE PHILIPS)
[2016] SC (Bda) 19 Civ (6 March 2016)
2016-03-06 Supreme Court Civil Kawaley Judgment
Stephen Dennie Robin Evans Seymour Foote v The Commissioner Of Police
[2016] SC (Bda) 23 Civ (11 March (2016)
2016-03-04 Supreme Court Civil Hellman Judgment
Michael Barbosa Christine Barbosa v Minister For Home Affairs Attorney General
[2016] SC (Bda) (21 Civ (4 March 2016)
2016-03-04 Supreme Court Civil Hellman Judgment
Miller v Yan Almanzar
[2016] SC (Bda) 20 App (4 March 2016)
2016-03-04 Supreme Court Appellate Judgment
Chuncey Smith v Shannon Jennings
[2016] SC (Bda) 29 Civ (4 March 2016)
2016-03-04 Supreme Court Civil Collett J in Wittich v Twaddle (1979) Civil Jurisdiction No. 117). Ground CJ applied a conversion rate of two dollars to the pound. This rate was not based solely on the actual exchange rate of the two currencies or an average over a period of time; but took into account what was perceived then as "the marked difference" in the cost of living between Bermuda and the UK. As this rule is routinely followed and was not disputed, I do not intend to depart from it. I would only comment that it seems to me to be a rule of practice rather than of law and might be ripe for review. The award for general damages comes to $13,000. Judgment