6/4/2020
START DATE
END DATE
6/4/2020
Credit Suisse Life (Bermuda) Ltd v. Ivanishvili & Ors
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Court of Appeal (Civil Division) on appeal from Supreme Court of Bermuda
Commercial Law Insurance Law Financial Regulations
Sir Christopher Clarke Anthony Smellie Dame Elizabeth Gloster
Mr. Charles Hollander QC Ms. Sarah-Jane Hurrion Ms. Judith Roche
Mr. Stephen Moverley Smith QC Mr. John Wasty Mr. Hannah Tildesley Mr. Sam Riihiluoma
FACTS OF THE CASE:
Plaintiffs allege losses due to unauthorized imprudent and fraudulent trading on accounts held by the Defendant leading to a significant decrease in the value of two unit-linked life insurance policies issued in 2011 and 2012 claiming breaches of contractual fiduciary statutory and common law duties by the Defendant
SUMMARY:
Adequacy of discovery provided by Defendant waiver of privilege methodology of discovery
OUTCOMES:
Chief Justice granted leave to appeal on specific grounds related to discovery methodology and waiver of privilege refused on others; appeal dismissed on grounds 1 2 4 and 6; detailed orders for discovery compliance issued
RULED IN FAVOUR OF:
Plaintiffs/Claimants regarding specific discovery orders
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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Credit Suisse Life (Bermuda) Ltd v. Ivanishvili & Ors
Plaintiffs allege losses due to unauthorized imprudent and fraudulent trading on accounts held by the Defendant leading to a significant decrease in the value of two unit-linked life insurance policies issued in 2011 and 2012 claiming breaches of contractual fiduciary statutory and common law duties by the Defendant