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Clarke
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.
Cratonia Thompson
Delroy Duncan
Diel
Domingues
Duncan
Elkinson
Elkinson JP, Assistant Justice
English Supreme Court in Pitt v Holt.
Evans
Gloster
Greaves
Ground
Hargun
Hellman
Hellman J in Williams-v- Bermuda Hospitals
Hellman J on this issue) that the usual rule is that an
Hoffman:
Hon. Ian Kawaley
House in the Imperial Tobacco case is that it was based on the
House of Lords.
Ian Kawaley Justice Of Appeal
Ian R. C. Kawaley
Information Commissioner to issue
Jomari Gooden4 (who was of previous good character
Juan
Juan P. Wolffe JP
Judicial Committee of the Privy Council in Smith-v-R [2004] LRC
July 14, 2015 (“Decision 1”) dismissing BEST’s
July 14, 2015 dismissing BEST’s appeal against
July 4, 2005 set aside and the Defendant’s
June 13, 2018.
Kawaley
Kay
Kenlyn Swan
Kessaram
King’s
Land
Land Valuation Appeal Tribunal. The appeal is in respect of a property known
Learned
Learned Magistrate dealing with the good character issue.
Life Imprisonment
Mann J in Fulham Leisure Holdings Limited-v- Nicholson Graham &
Martin
Martin J and Consequential Orders and Directions
Martin J ex tempore
Master Lunn of the South
May 15, 2009. I also set out my provisional views on
Meerabux J in Gill v
Megarry J in Erinford Properties Ltd.-v- Cheshire County
Mr. Mark Pettingill, Assistant Puisne Judge
Mussenden
Narinder K Hargun
Nazareth
Nicholas Strauss QC in Countrywide
Nicole Stoneham
Nourse L.J. in In re Elgindata Ltd. (No 2) [1992] 1 WLR 1207, 1213-14:
Nourse LJ, where he said this:
Obergefell Et Al v Hodges 576 U.S.
Openshaw J in
PSC to abort the recruitment process was ultra vires and void - Public Service Commission
Parliamentary Registrar to designate
Parole Board To Refuse
Patrick Doherty, Assistant Justice
Permanent Police Tribunal to the effect that what is known
Pettingill
Premier to hold referendum on same sex
Privy
Privy Council in Collymore v
Privy Council in Fairfield Sentry Ltd v Migani & Ors [2014]
Privy Council in Jeyaretnam-v-Goh Chok Tong
Privy Council, stated in
Proffessional Conduct
Public Service Commission not to dismiss
Registrar, Ms Alexandra Wheatley
Registrar, Ms Charlene Scott, which was
Respondent (“the
Respondent (“the Minister”) dismissing BEST’s appeal against
Respondent (“the Minister”) dismissing BEST’s appeal against four
Respondent dated December
Respondent was incorrect and accordingly find for the
Respondent, the
Richards
Richards J:
Rihiiluoma
Riihiluoma
Roger Ormrod at
Rt. Hon. Justice Zacca
Saul Froomkin OBE, K.C.
Secretary of State or a Governor or a Lieutenant-
Segal
September 20, 2016, I described the primary broad function of JPLs
September 2013 given against the Defendant on the basis
Shade Subair Williams in Michael Cooke Kuczkiewicz v. HG (Bermuda) Ltd [2018] SC (Bda) 26 Com (19 March 2018) where the Learned Judge, when considering the construction of company bye-laws, set out the principles and in turn referred to the earlier Bermuda Judgment of Mr. Justice Hellman in Kingate Global Fund Limited (In Liquidation) v. Kingate Management Ltd. [2015] Bda LR 86 and the references which he made in that Judgment in respect of the construction of a contract. Mr. Justice Hellman quoted Lord Neuberger in the case of Arnold v. Britton and others [2015] UKSC 36. When giving the Judgment of the Supreme Court, Lord Neuberger, at paragraph 19, sought to emphasise seven factors to take into account in the interpretation of contractual provisions. I set out the first four which are relevant here.
Simmons
Simmons AJ (as she
Smellie
Smith AJ in Cates and Panchaud v Dill [1956]
Southey
Stoneham
Subair Williams
Subair Williams (Registrar)
Taylor
Telecommunications Commission (“the Commission”). BCV contends that the
Telford Georges JA where he stated (at
Trial Judge affirmed. Costs of Appeal to be the respondent('s) to be taxed if not agreed. Costs to be paid by the Executors of John's estate."
Trustees to compromise the litigation?’ ”
Trustees, which was supported by
Wade-Miller
Wade-Miller J dated 12 March 2014, in which she dealt with applications on behalf of the Appellant, the petitioner in the original matrimonial proceedings, to whom I shall refer as "the Wife", and the Respondent, the respondent in those proceedings, to whom I shall refer as "the Husband". As appears from the heading of this judgment, the Wife appeared in person, both before the judge and on this appeal, and the Husband was represented by counsel. There were originally two applications before the judge; on 7 March 2013 the Husband had made an application for lump sum provision, while on 18 March 2013 the Wife had made application for relief in a number of respects, although for the purposes of this appeal they can be divided between her application for lump sum provision and transfer of property, on the one hand, and maintenance for the children, on the other. In relation to this latter, the emphasis was primarily on the children's school fees, and the proportions in which these should be divided between the parties. The Wife had filed two affidavits, and the Husband one, and both parties gave oral evidence.
Ward
Ward CJ dated 5 December 2001, in which
Wheatley
Wheatley (Registrar)
Windeyer
Wolffe
Worshipful Leopold Mills, Acting
Zacca
Zacca, E.
Zacca.
Zacca. President
a Board of Enquiry. The
a Board of Inquiry (‘the Board’) appointed by the
a court of summary jurisdiction shall lie as of right, and an
a magistrate in Juvenile Court who on a point in limine
a regulatory authority, Appeal involving questions of pure law or
a regulatory body-whether costs should follow
a single judge who is
acting Director of
administrative
an Acting Justice on the basis of an
any particular
arbitral tribunal was inconsistent with and was rendered in violation of Brazilian public policy. That application was dismissed on 20 June 2013, but this dismissal was in turn reversed by the Court of Appeals of the State of Sao Paulo, on 23 August 2013. The effect of that reversal was to remit the request for annulment to the lower court, and this process has yet to be completed. The judge commented (paragraph 26) that he had no information as to when the lower court was to hear the Annulment Application, and that he had no doubt that the unsuccessful party would wish to pursue an appeal.
at least 5 years was required.
between five to eight years. Thus applying the totality principle it is considered that a
both the Bermuda Monetary Authority
chair of the police disciplinary panel to refuse an adjournment of the disciplinary hearing
corrective training imposed for an indeterminate period for various
corrective training – Appellant 18 years old at time of
dismissal of the informations as against both appellants be
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.
immediate imprisonment, being 6 months on
imprisonment
imprisonment and reducing the disqualification from 18 to 12 months. We now give our reasons.
imprisonment for a serious drug-related offence and is the subject of a
imprisonment should have been suspended
imprisonment, which comprised a basic
imprisonment.
insanity. This
judicial economy and fairness, the Court acceded to that submission and directed that both the Appeal and the civil claim made for arrears of rent were to come on for hearing at the same time.
learned Magistrate
of Companies, Registration of
on or about June 19, 2014
one year consecutive to the sentence being served by the
probation imposed by the learned Senior Magistrate
quoted passage is essentially the
same date, I ruled that “the answer to the
that date:
this Court dated 14 February 2023. The issues are: (i) the scope of the privilege arising from the Court's finding that hostile litigation against Jardine Strategic Holdings Limited (the "Company") in the form of section 106 proceedings was indeed in contemplation by the time the Transaction Committee was established on 19 February 2021; (ii) a stay pending appeal; (iii) the Court's inspection of the redacted documents; (iv) the "essence" of the request issue; and (v) the costs of these applications.
this Court dated 25th September 2015 (“the Judgment on the Preliminary
this Court dated 26 September 2022. Ms. Pedro appeared in person and the
this Court dated December 15, 2011 concluded as follows:
this Court has been appealed.
this Court in Mermaid Beach and Racquet
this Court is that this ground of appeal fails.
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.
this court dated 31 March 2015, and the Court’s order dated 12 April 2015.
this paragraph.
three years
to (a) disallow its
trustees to sell a trust asset-
two years corrective
two years’ imprisonment in June 2010 and
was erroneous in its treatment of the submissions which were advanced before him. The Appellant's success before us was on a basis not pursued in the Supreme Court. Ms Grant submits that it had been referred to in the Amended Statement of Claim but it is plain that it was not relied upon by counsel who represented the Appellant at the hearing before the Chief Justice. His submissions were correctly rejected and have not been repeated before us.
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Clear
Showing 651–675 of 2041 results
Case Name
Date
Court
Jurisdiction
Judge
Type
APPLEBY SERVICES (BERMUDA) LTD. (as Trustee of the Bermuda Longtail Trust) v EDWARD KARL FURTAK JENNIE LOUISE FURTAK COLLEEN NICOLE FURTAK SAMANTHA LAUREEN FURTAK (A MINOR) REASONS FOR RULING (in Chambers)
[2014] SC (Bda) 79 Civ (11 October 2014)
2014-10-11
Supreme Court
Civil
Reasons For Ruling
SC1410-In-the-matter-of-Agrenco-Ltd-2014-SC-Bda-80-Com-10-October-2014.txt
[2014] SC (Bda) 80 Com (10 October 2014)
2014-10-10
Supreme Court
Commercial
Kawaley
Ex Tempore Judgment
CAESAR GRAHAM Appellant v The Queen
[2014] SC (Bda) 76 App (26 September 2014)
2014-09-26
Supreme Court
Appellate
Kawaley
Judgment
Nanette Snowden v Dr Terri-Lynn Emery Dr Charles Dyer The Bermuda Hospitals Board
[2014] SC (Bda) 75 Civ (25 September 2014)
2014-09-25
Supreme Court
Civil
Hellman
Ruling
Ian Cockwell v Gordon Flatt
[2014] SC (Bda) 85 Civ (23 September 2014)
2014-09-23
Supreme Court
Civil
Hellman
Re Titan Petrochemicals Group Limited
[2014] SC (Bda) 74 Com (23 September 2014)
2014-09-23
Supreme Court
Civil
administrative
Reasons For Decision
SC1409-BEST-v-Minister-of-Home-Affairs-2014-SC-Bda-73-App-18-September-2014.txt
[2014] SC (Bda) 73 App (18 September 2014)
2014-09-18
Supreme Court
Appellate
Respondent (“the Minister”) dismissing BEST’s appeal against four
Ruling On Costs
Kristopher Dylan Gibbons v The Attorney General
[2014] SC (Bda) 72 Civ (17 September 2014)
2014-09-17
Supreme Court
Civil
Re ALGOSAIBI TRADING SERVICES LIMITED (Company #LC
[2014] SC (Bda) 71 Com (12 September 2014)
2014-09-12
Supreme Court
Commercial
Kawaley
Ex Tempore Judgment
Allison Thomas v FORT KNOX BERMUDA LIMITED REVIEW OF REGISTRAR’S TAXATION (in Chambers)
[2014] SC (Bda) 70 Com (11 September 2014)
2014-09-11
Supreme Court
Civil
on or about June 19, 2014
Re Abc Trusts
[2015] SC (Bda) 29 Civ (10 September 2014)
2014-09-10
Supreme Court
Civil
Trustees, which was supported by
Reasons For Ruling
Harold Joseph Darrell v Brenda Dale Myra Virgil The Department Of Human Affairs The Minister Of Culture And Social Rehabilitation
[2014] SC (Bda) 69 Civ (3 September 2014)
2014-09-03
Supreme Court
Civil
Hellman
Ruling
Oung Shih Hua James v Paladin Limited
[2014] SC (Bda) 68 Civ (28 August 2014)
2014-08-28
Supreme Court
Civil
Ex Tempore Judgment
Dr. Charles Curtis-Thomas v Bermuda Hospitals Board Dr Keith Chiappa
[2014] SC (Bda) 68 Civ (28 August 2014)
2014-08-28
Supreme Court
Civil
Hellman
Judgment
GOLD SEAL HOLDING LIMITED FIVE STAR INVESTMENTS LIMITED OUNG SHIH HUA (also known as James Oung) HUANG WEIZONG MARTIN KWOK WAI CHI v PALADIN LIMITED CHEN TE KUANG (also known as Mike Chen) LAW FONG REASONS FOR DECISION (in Chambers)
[2014] SC (Bda) 66 Civ (27 August 2014)
2014-08-27
Supreme Court
Civil
Kawaley
Reasons For Decision
F v F
[2014] SC (Bda) 78 Div (25 August 2014)
2014-08-25
Supreme Court
Divorce
CARLA LARISSA MARIE ZUILL Appellant v Tinee Donniqua Leslie-Ann Bean
[2014] SC (Bda) 65 App (22 August 2014)
2014-08-22
Supreme Court
Appellate
Kawaley
Judgment
Simon Payne v Tobacco Bay Condominium Ltd Minister Of Health/Ministry Of Health
[2014] SC (Bda) 63 Civ (20 August 2014)
2014-08-20
Supreme Court
Civil
Kawaley
Judgment
Laniece Woods v CHRISTOPHER SWAN (in his capacity as Executor of the estate of JOHN EUSTACE, deceased)
[2014] SC (Bda) 64 Civ (20 August 2014)
2014-08-20
Supreme Court
Civil
Kawaley
Oung Shih Hua James v Paladin Limited
[2014] SC (Bda) 62 Com (14 August 2014)
2014-08-14
Supreme Court
Civil
Ex Tempore Ruling
SC1408-BEST-v-Minister-of-Home-Affairs-2014-SC-Bda-61-App-6-August-2014.txt
[2014] SC (Bda) 61 App (6 August 2014)
2014-08-06
Supreme Court
Appellate
Respondent (“the Minister”) dismissing BEST’s appeal against
Judgment
The Court of Appeal for Bermuda CIVIL APPEAL No 1 of 2014 MFP-2000, LP v Viking Capital Limited Misa Investments Limited
[2014] CA (Bda) 1 Civ
2014-07-22
Court of Appeal
Civil
Zacca
Judgment
Ministry Of Finance v O SUPPLEMENTARY RULING (In Chambers)
[2014] SC (Bda) 60 Civ (17 July 2014)
2014-07-17
Supreme Court
Civil
Gwendolyn Creary Duane De La Chevotiere v Marvlyn Paula De La Chevotiere
[2014] SC (Bda) 59 Pro (15 July 2014)
2014-07-15
Supreme Court
Hellman
Judgment
Mutual Holdings (Bermuda) Limited v Matsen Insurance Brokers, Inc
2014-06-25
Supreme Court
Civil
Kawaley
Judgment
SC1406-BEST-v-Minister-of-Home-Affairs-2014-SC-Bda-56-Com-25-June-2014.txt
[2014] SC (Bda) 56 Com (25 June 2014)
2014-06-25
Supreme Court
Appellate
Kawaley
Cory Hill v JOE DaCOSTA MICHAEL DaCOSTA (trading as Bermuda Slaters)
[2014] SC (Bda) 55 Civ (24 June 2014)
2014-06-24
Supreme Court
Civil
Hellman
Ex Tempore Judgment
BHB v HM Senior Coroner
2014-06-19
Supreme Court
Civil
Hellman
Judgment
Cynthia Suzanne Patricia Swan v SHERLYN SWAN-CAISEY (on behalf of herself and any other person or persons residing with her) First Defendant REX DARRELL Second Defendant
2014-06-17
Supreme Court
Civil
Hellman
Judgment
Edward E. Benevides Earlston Eugene Francis Zoe Elizabeth Mulholland Lindell Ashretta Charmee Foster v The Attorney General The Corporation Of Hamilton
2014-06-12
Supreme Court
Civil
Privy Council in Collymore v
DWIGHT LAMBERT Plaintiff v The Broadcasting Commissioners The Minister Responsible For Telecommunications The Director Of Public Prosecutions
2014-06-11
Supreme Court
Civil
Kawaley
Ex Tempore Judgment
EIMEAR BURKE Appellant v Daniel Bucher
2014-06-09
Supreme Court
Appellate
Kawaley
Judgment
Florindo Canale Judy Canale v Stephen Holloway Leslie Holloway
2014-06-06
Supreme Court
Civil
Hellman
Ex Tempore Judgment
Trustee 1 Trustee 2 Trustee 3 Trustee 4 v The Attorney General Respondent 2 Respondent 3
2014-06-05
Supreme Court
Civil
Hellman
Ministry Of Finance v E F H 2014: No O In the matter of a request for exchange of information under the International Cooperation (Tax Information Exchange Agreements) Act 2005 MINISTRY OF FINANCE O
2014-05-30
Supreme Court
Civil
Hellman
Ruling
Stiftung Salle Modulable Rutli Stiftung v Butterfield Trust (Bermuda) Limited
2014-05-28
Supreme Court
Civil
Aircare Ltd v Wyatt Sellyeh
2014-05-20
Supreme Court
Civil
Hellman
Judgment
Dr. Christopher L. Johnson v BERMUDA HOSPITALS BOARD REDACTED JUDGMENT (In Chambers)
2014-05-15
Supreme Court
Civil
Hellman
Kamal Williams v The Bermuda Hospitals Board
[2014] SC (Bda) 57 Civ (14 May 2014)
2014-05-14
Supreme Court
Civil
Ex Tempore Ruling
JC v BC Dates of Hearing: 25 July 2013, 30 July 2013 and 28 October 2013 Date Judgement Circulated: 9 May 2014 Cox Hallett Wilkinson – David Kessaram for the Petitioner Marshall Diel & Myers – Georgia Marshall for the Respondent 1. 2. 3. 4. 5. 6. This is an application for costs. The petitioner (JC) and the respondent (BC) are now divorced but for convenience they are referred to in this judgement as the wife and the husband respectively. The petitioner (the wife, JC) and the respondent (the husband, BC) were married on 4 February 2006. They were married after a period of cohabitation. They have one child who was born in November 2007. The wife filed her petition for dissolution of the marriage in February 2011. A divorce decree nisi was made absolute in June 2011. The matrimonial assets consist of two items: i. the property known as “A” which stood in the wife’s sole name and was depreciating because of market conditions ii. the business known as “R” which was in the possession and control of the husband and which was of disputed value. The wife and the husband both filed applications for ancillary financial relief. The husband filed his application on 11 May 2011 seeking a lump sum provision. The wife filed her
2014-05-09
Supreme Court
Divorce
Judgment
The Minister For Home Affairs v Rebecca Carne Antonio Correia
2014-05-02
Supreme Court
Civil
Judgment
The Minister For Home Affairs v Rebecca Carne Antonio Correia
2014-05-02
Supreme Court
Civil
Judgment
Re A Firm Of Barristers And Attorneys
2014-05-02
Supreme Court
Civil
House of Lords.
Ruling
Re The Rules Of The Supreme Court 1985, Order 115
2014-04-28
Supreme Court
Civil
Kawaley
Reasons For Decision
Elaine Charles v RODERIC ETHELBERT PEARMAN IRIS ALMEIRA DAVIS First Defendants DR CLARENCE ELDRIDGE JAMES ALBERT HOWARD TUCKER TAYLOR Second Defendants
2014-04-24
Supreme Court
Hellman
Judgment
Re LAEP INVESTMENTS LTD (“the Company”)
2014-04-23
Supreme Court
Commercial
Hellman
Ruling
T v T
[2014] SC (Bda) 31 Div (17 April 2014)
2014-04-17
Supreme Court
Divorce
Hellman
Ruling
The Queen v ZAKAI CANN L. Ricketts and K. Swan of Department of Public Prosecutions; C. Richardson of Compass Law for the Defendant NO CASE RULING 1. 2. Facts The defendant is charged on a two count indictment with possession of a firearm without a licence and discharging a firearm in November 2009, contrary to sections 3(1)(a)and 4(1) of the Firearms Act 1973. The key witness, Ms. Tiffany Atherley, gave the police a video-audio interview on 31st December 2009, in the presence of her lawyer, in which she in detail said she saw the defendant pistol-whip another man earlier than afternoon; he later gave her a lift to her home. There in her kitchen alone with her immediately after arrival he produced a firearm in hand and began to clean it. This scared her so much she asked him to remove it, particularly as he appeared to be pointing it at her and waving it around. Whilst he was cleaning it, it accidentally went off causing her to dash to the ground in fear that she was shot. So loud was the bang her ears were ringing. He, like her, was shaken up. He in startled fashion commented, the safety was not on. She soon realized a bullet hole in her refridgerator door and damage to the interior but no exit hole to the rear. She covered that up with a magnet. The defendant began searching for the shell and found it hooked up in his jacket. She then asked him to leave. She did not report the matter to the police.
[2014] SC (Bda) 30 Crim (17 April 2014)
2014-04-17
Supreme Court
Criminal
Greaves
Barbara Smith v Donald Smith Milo Smith Glenn Smith Allan Smith
2014-04-14
Supreme Court
Civil
Hellman
Ex Tempore Judgment
GOVERNMENT TO ASSUME TEMPORARY STEWARDSHIP OF THE CORPORATION OF HAMILTON THE CORPORATION OF HAMILTON Applicant v The Minister Of Home Affairs
[2014] SC (Bda) 29 Civ (11 April 2014)
2014-04-11
Supreme Court
Civil
Respondent (“the
Ruling
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