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Case Summaries

The Supreme Court of Bermuda

CIVIL JURISDICTION

Albert Brewster Vincent Lightbourne Wendy Warren v. The Premier of Bermuda The Minister of Health

2021

The application was for an interim injunction to prevent mandatory quarantine for unvaccinated residents claiming infringement of fundamental rights under the Constitution specifically freedom of movement

Supreme Court of Bermuda

Civil Law Property Law

Ronald M. Smith v. Ronelle Holloway et al

2010

Ronald M. Smith the son of the deceased Ronald Percival Smith claimed ownership of Windy Heights property promised to him by his father. His sisters contested asserting the property was part of the estate to be shared equally.

Supreme Court of Bermuda

Trusts & Estates Law

In The Matter of A Trust no specific judge mentioned The Supreme of Bermuda no specific laws referenced 2nd Defendant (D2)

2012

The case concerned a high-value offshore trust dispute involving a multi-billion-dollar family trust. The core dispute arose when one of the beneficiaries, "D9," sought to challenge the terms of a previously agreed trust settlement (Proposal No. 4) by attempting to litigate in an onshore jurisdiction. D2, a senior family member and primary trustee beneficiary, sought enforcement of the November 14, 2011 Order, arguing that the settlement agreement explicitly required Bermuda as the exclusive jurisdiction for trust matters. The Court had to determine whether D9's legal actions undermined the trust structure.

The Supreme Court of Bermuda

CIVIL JURISDICTION

THE ATTORNEY-GENERAL AND MINISTER OF LEGAL AFFAIRS [ENFORCEMENT AUTHORITY] v. YESHAYAHU ZIRKIND

2016

$826000 in cash found in a safe in the Respondent?s hotel room. Respondent an Israeli national believed to reside in China left Bermuda after being acquitted of criminal charges. Cash presumed to represent the proceeds of criminal conduct.

Court of Appeal (Civil Division) Supreme Court of Bermuda

Constitutional Law

Wolda Salamma Gardner v. The Director of Public Prosecutions and The Attorney-General

2023

Appeal against unfair trial due to jury selection discrepancy

The Supreme Court of Bermuda

Planning Law, Administrative Law, Telecommunications

Appellate Jurisdiction Telecommunications (Telecommunications (West Indies) Ltd. vs. The Minister of Environment Planning and Infrastructure Strategy)

2011

Digicel Bermuda (Telecommunications West Indies Ltd.) constructed a cellular tower on private property without planning permission. The Development Applications Board (DAB) refused retroactive permission, and the Minister of Environment upheld this refusal. The Appellants argued that the Minister misinterpreted zoning laws and failed to consider alternative regulatory approaches. The Court examined whether the zoning order prohibited the tower and whether the Minister had improperly considered its retroactive nature.

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