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Case Name Date Court Jurisdiction Judge Type
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 REASONS FOR DECISION (in Court)1 Judicial review-jurisdiction to join intervening parties- standing to seek declaratory relief in relation to fundamental constitutional rights and in relation to the Human Rights Act 1981 - legality of Referendum (Same Sex Relationships) Act 2016 and proposed referendum- Referendum Act 2012-undue influence-neutrality of polling stations-enforceability of fundamental common law rights 1 The present Judgment was circulated without a hearing.
[2016] SC (Bda) 72 Civ (11 July 2016) 		2016-07-11 Supreme Court Civil Parliamentary Registrar to designate Reasons For Decision
Design v Judith Smith
[2016] SC (Bda) 71 App ( 6 July 2016) 		2016-07-06 Supreme Court Appellate Ex Tempore Judgment
Joshua Bates Trading Bermuda v Brian Huxley
[2016] SC (Bda) 70 App (4 July 2016) 		2016-07-04 Supreme Court Appellate Judgment
Minister Of Finance v AAA GROUP LIMITED WX as the former Liquidator of AAA PRIVATE TRUST COMPANY LIMITED REDACTED JUDGMENT (In Chambers) Application to set aside production order under International Cooperation (Tax Information Exchange Agreements) Act 2005 – whether Constitution engaged so as to give rise to duty of heightened scrutiny – whether material non-disclosure – whether production orders too wide – whether committal proceedings lie for breach of production order
[2016] SC (Bda) 75 Civ ( 1 July 2016) 		2016-07-01 Supreme Court Civil Hellman
Capital Partners Securities Co. Ltd v Sturgeon Central Asia Balanced Fund Ltd
[2016] SC (Bda) 68 Com (27 June 2016) 		2016-06-27 Supreme Court Commercial Kawaley Judgment
Re The Children Act 1998
[2016] SC (Bda) 67 App (24 June 2016) 		2016-06-24 Supreme Court Appellate
Re The Estate Of D
[2016] SC (Bda) 66 Civ (22 June 2016) 		2016-06-22 Supreme Court Civil Kawaley Reasons For Decision
Royal Chemie International Limited v Barclays Bank Plc Erste Abwicklungsanstalt
[2016] SC (Bda) 69 Com ( 21 June 2016) 		2016-06-21 Supreme Court Civil
Re The Court of Appeal for Bermuda CRIMINAL APPEAL No. 19 of 2015 THE QUEEN v KAMAL WORRELL 2016-06-17 Court of Appeal Baker Judgment
Bentley Friendly Society v Director Of Transport Control Department
[2016] SC (Bda) 65 Civ (15 June 2016) 		2016-06-15 Supreme Court Civil Hellman Judgment
The Queen v Bryan Daniel 2016-06-14 Court of Appeal Baker Judgment
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 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 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 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 -and- SHILOH ROBINSON
[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
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 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 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 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 Reasons For Decision