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Case Name Date Court Jurisdiction Judge Type
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
The Bermuda Hospitals Board v Hm Senior Coroner Hm 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 Court of Appeal Civil
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. 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. 2. 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. 3. 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. 4. 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 application on 19 May 2011. According to the submission from counsel for the husband, the wife sought inter alia: maintenance pending suit, periodical payments for herself and for the child of the marriage, transfer of property, avoidance of the disposition order in respect of the business, and a lump sum provision. 5. The wife also sought by a writ of summons dated 3 May 2011: "damages for fraudulent conversion relating to [the business], a mandatory injunction for the transfer of assets and undertakings to the wife of the shares in [the business], an account of profits; dividends or other payments; an order for payment of all amounts found due on the taking of the account; interest and costs." (Submission from counsel for the husband, Mrs Marshall, para 9) 6. Counsel for the wife, Mr Kessaram, submitted that the wife should receive all her legal costs and expenses from 11 May 2011 i.e. approximately 28 days from the date of her offer made on 11 April 2011 on the indemnity basis. Alternatively, the wife should be awarded her costs from 11 May 2011 on the standard basis, with the costs of the trial to be awarded to her on the indemnity basis to be taxed if the amount put forward was not agreed. Counsel for the husband, Mrs Marshall, submitted that the husband is entitled to his costs in the civil proceedings commenced by the wife on 3 May 2011, and also to those costs associated with the S41 MCA application as the wife did not make an offer of settlement that the husband could have accepted. 2014-05-09 Supreme Court Divorce Judgment
The Minister For Home Affairs v REBECCA CARNE ANTONIO CORREIA ## JUDGMENT SUMMARY ISSUED BY THE SUPREME COURT OF BERMUDA This summary is provided to assist in understanding the Judgment of the Court. It does not form part of the Judgment. The Judgment itself is the only authoritative document. The full Judgment is available at www.judiciary.gov.bm 1. On May 2, 2014, the Chief Justice dismissed an appeal filed by the Minister against the Immigration Appeal Tribunal's decision of October 25, 2013 directing the Minister to grant applications made by the Respondents for Bermudian status under section 20B(2)(b) of the Bermuda Immigration and Protection Act 1956. 2. The Respondents, both PRC holders, applied for Bermudian status in 2012 under section 20B(2)(b) of the Act, which was initially enacted in 1989. This section requires applicants to meet the following conditions, namely: a) be a Commonwealth citizen not possessing Bermudian status who has been ordinarily resident in Bermuda since July 1, 1989; b) be a British Overseas Territories citizen by virtue of a certificate of naturalisation granted by the Governor under the British Nationality Act 1981, "having been approved for the grant of Bermudian status"; c) be at least 18 years of age; 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 Court of Appeal Civil 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 Ground 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. 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. 2. 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 refrigerator 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. 3. There was a subsequent shooting about a month or so later, on 15th December 2009. On that same night she received a call or text from the defendant informing her that he was on his way to bring some clothing to her house. This so concerned her, she messaged her friend 'E', Ian DeSilva two messages informing him that 'ya bye call saying he is bringing clothes here.' The defendant arrived and brought a red jacket and black jeans which he put on her couch. She recognized that these were the same clothing he was wearing on the night he discharged the firearm into her fridge door. 4. She later moved those clothing to the corner of her living room on the floor. She described the firearm to the police as silver and black with a clip. 5. Next day the 16th the police contacted her. Consequently she sent another message to her friend Ian informing him the police had contacted her for an investigation. Upon her arrival to the police she was interviewed in the presence of her lawyer but made no comment. The following day the police searched her house using keys supplied by her and there found the bullet hole in the fridge with the magnet covering it and the clothing on the floor of her living room. These were all photographed and seized. There were other attempts at interviews but her response was no comment. She was arrested and charged and remanded in custody for offences akin to those with which the defendant is now charged. 6. Eventually on the 31st December 2009 in the presence of her lawyer she gave the police the video-audio interview detailing the above. In that interview she explained why she was reluctant to speak. She was fearful as she knew the defendant was a member of the MOB gang. Her intent was to tell the truth on the first day she went to the police but the police pounced on her and she decided to remain silent. The defendant left the Island on 24th December 2009 and didn't return until 4th May 2010. He was arrested and charged on 1st November 2012. She refused the offer of protection. Meanwhile, the police kept vigilance of her, visiting her at her workplace from time to time. The case went cold. The police took a further audio-video interview from her in which she expounded her MOB fears. 7. The case was scheduled for trial on the 10th April 2012. The police had been in search of her without success. They had learnt she had left her workplace without a forwarding address. She was no longer living at her former address. She had been living with a new boyfriend at another place. They contacted that boyfriend; her mother and staked out her children's school with no success.
[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 Ruling
DESMOND STUART TROTT Appellant v The Queen
[2014] SC (Bda) 28 App (10 April 2014) 		2014-04-10 Supreme Court Appellate Scott Judgment
AGRENCO LIMITED Plaintiff v Credit Suisse Brazil (Bahamas) Limited 2014-04-10 Court of Appeal Civil Ward Ruling
JENNIFER STOVELL Appellant v The Queen
[2014] SC (Bda) 26 App (9 April 2014) 		2014-04-09 Supreme Court Appellate Kawaley Ex Tempore Judgment
MARK SOUSA Appellant v TRACEY BURGESS (Police Inspector)
[2014] SC (Bda) 25 App (1 April 2014) 		2014-04-01 Supreme Court Appellate Ex Tempore Judgment
Re LAEP INVESTMENTS LTD ("the Company")
[2014] SC (Bda) 23 Com (1 April 2014) 		2014-04-01 Supreme Court Commercial Hellman Ruling
Edward E. Benevides Earlston Eugene Francis Zoe Elizabeth Mulholland Lindell Ashretta Charmee Foster v The Attorney General The Corporation Of Hamilton
[2014] SC (Bda) 22 Civ (28 March 2014) 		2014-03-28 Supreme Court Civil Hellman Judgment
Re The Court of Appeal for Bermuda CRIMINAL APPEALS Nos. 2 & 10 of 2013 EVERETT JAHNI BEAN RANDOLPH ANTHONY SIMONS THE QUEEN 2014-03-25 Court of Appeal Zacca
Hiram Edwards v The Minister Of Finance Attorney General The Minister Of Environment, Planning And Infrastructure Strategy 2014-03-24 Court of Appeal Zacca Judgment
Miller v JeCal
[2014] SC (Bda) 24 App (19 March 2014) 		2014-03-19 Supreme Court Appellate Mussenden Ex Tempore Judgment
Hazel Marlene Holder v Antoine James Luddell Holder Clyde Elliott Braxtone Holder
[2014] SC (Bda) 21 Civ (18 March 2014) 		2014-03-18 Supreme Court Civil Hellman Judgment
The Court of Appeal for Bermuda CIVIL APPEAL No 2 of 2013 KAMAL WILLIAMS v The Bermuda Hospitals Board 2014-03-17 Court of Appeal Civil Evans Judgment
Zharrin Frankie Simmons v THE QUEEN 1. The appellant Zharrin Simmons, along with two male persons, was convicted on two counts of robbery. The first count related to Kenneth Williams and the second to Victoria DeCoute. She was sentenced to five years imprisonment on each count, the sentence to run concurrent. 2. On 27th August 2011, at about 8 p.m. Kenneth Williams along with Victoria DeCoute, left Miss DeCoute mother's house in Pembroke driving in her mother's car. Miss DeCoute was in the passenger seat. 3. The car was driven to Hermitage Road in Devonshire. On arrival there, Mr. Williams parked the car in a parking lot outside of SAL. He said it was dark but there were streetlights there. They had gone there to purchase marijuana. 4. Miss DeCoute contacted the person they were going to meet. About five minutes later, Mr. Williams testified, that he saw a man come towards the parked car. The man came to the driver's side of the car. The window was down; the door was closed but not locked. 5. Another man came towards the car and the first man opened the driver's door. He had a knife in his right hand and he tried to stab Mr. Williams around his head and chest area. Mr. Williams tried to grab the knife. The second man was attempting to punch him in his face. 6. The first man told the second man to search Mr. Williams' pocket. A Blackberry phone valued at $300 was taken from his pocket by the second man. 7. Mr. Williams and Miss DeCoute exited the car and there was a struggle for the knife. He saw a third person, a woman, come towards them from the same direction the others had come from. She had a sword like object and she was trying to hit Mr. Williams. He put the first man in the way and he was hit with the sword like object by the woman. The men and the woman ran off towards Boundary Terrace, the direction they had come from. 8. The incident lasted a couple of minutes. He described the woman as being five-seven, yellow skin, braids straight to the back and thick lips. 9. Mr. Williams further testified that he had seen this woman before as she used to live in Deepdale Road and that he had seen her there in a yellow house. He does not recall having spoken to her before. He could see their faces because nothing was obstructing his view and he did not give them permission to take his cell. 2014-03-13 Court of Appeal Criminal Baker Reasons For Decision
F v F Date/s of Hearing: 13 and 14 November and 17 December 2013
[2014] SC (Bda) 20 Div (12 March 2014) 		2014-03-12 Supreme Court Divorce
Re The Court of Appeal for Bermuda CRIMINAL APPEAL No 5 of 2012 ANWAR MUHAMMAD THE QUEEN
[2011] CA (Bda) 15 Crim (November 2011) predated the trial in the present case, and the evidence was held admissible. The judgments of the Court in Myers v. The Queen [2012] Bda LR 74 and Cox v. The Queen [2012] Bda LR 72, where his evidence was held admissible (by a majority), came later, on 22 November 2012. 		2014-03-11 Court of Appeal Criminal Zacca Judgment
Kader Holdings Company Limited v DESARROLLO INMOBILIARIO NEGOCIOS INDUSTRIALES DE ALTA TECHNOLOGIA DE HERMOSILIO, S.A. De CV 2014-03-10 Court of Appeal Evans Judgment
PATRICK EARL EUGENE BEAN Plaintiff v Llewellyn Peniston
[2014] SC (Bda) 18 Civ (7 March 2014) 		2014-03-07 Supreme Court Civil Kawaley
Pitt & Company Limited Bga Limited v Gary White Michael White
[2014] SC (Bda) 17 Civ (5 March 2014) 		2014-03-05 Supreme Court Civil Hellman Judgment
Sonya Fox v Kim Simmons
[2014] SC (Bda) 19 Civ (3 March 2014) 		2014-03-03 Supreme Court Civil Kawaley Ex Tempore Ruling
FIONA M. MILLER (Police Sergeant) Appellant v Lauren Davies
[2014] SC (Bda) 16 App (28 February 2014) 		2014-02-28 Supreme Court Appellate Judgment
Trustee 1 Trustee 2 Trustee 3 Trustee 4 v The Attorney General Respondent 2 Respondent 3
[2014] SC (Bda) 24 Com (26 February 2014) 		2014-02-26 Supreme Court Civil Hellman
Allison Thomas v Ricardo Swan Fort Knox Bermuda Ltd. Troy Symonds Shari Poe
[2014] SC (Bda) 15 Com (26 February 2014) 		2014-02-26 Supreme Court Commercial Hellman Judgment
Stiftung Salle Modulable Rutli Stiftung v Butterfield Trust (Bermuda) Limited
[2014] SC (Bda) 14 Com (21 February 2014) 		2014-02-21 Supreme Court Civil Judgment
Stiftung Salle Modulable Rutli Stiftung v Butterfield Trust (Bermuda) Limited
[2014] SC (Bda) 14 Com (21 February 2014) 		2014-02-21 Supreme Court Civil Judgment
DENISE RIBAROFF Plaintiff v Basil Williams Christopher Dillon John Eckert Arun Puri
[2014] SC (Bda) 11 Civ (20 February 2014) 		2014-02-20 Supreme Court Civil Kawaley Ruling
STEPHEN COSHAM (Police Inspector) Appellant v Laurie Julian Furbert
[2014] SC (Bda) 10 App (17 February 2014) 		2014-02-17 Supreme Court Appellate Judgment
LINDA SHARON SWAN Plaintiff v Gordon Ricky Woolridge Trading As Phoenix Law Chambers
[2014] SC (Bda) 9 Civ (14 February 2014) 		2014-02-14 Supreme Court Civil Kawaley Judgment