Case Summaries
Supreme Court of Bermuda
Family
Tanya McElroy v. Montgomery Nearon
McElroy appealed against a decision to vary maintenance payment orders registered from Maryland Court to Bermuda. Nearon sought variation due to changed circumstances. Bermuda court initially varied the order but was challenged for jurisdiction.
2015
Court of Appeal (Criminal Division) on appeal from the Supreme Court of Bermuda
Criminal
Josef Vlcek v The Queen
Josef Vlcek a Czech national was arrested for importing and intending to supply diamorphine (heroin) after customs officers found packages containing brown powder in his suitcases upon his arrival in Bermuda from London. Vlcek had been involved in a scheme under the belief he was transporting gold and diamonds following a misleading interaction with individuals in South Africa and London. He claimed to have expected gold and diamonds in the suitcases but they contained heroin instead
2022
The Supreme Court of Bermuda
Commercial
BNY AIS Nominees Limited and others v. New Stream Capital Fund Limited
The plaintiffs, BNY AIS Nominees Ltd. and various investment funds, challenged a restructuring plan implemented by New Stream Capital Fund Ltd. ("New Stream"). The plaintiffs, as holders of segregated account shares, argued that their investment rights had been unlawfully altered under the plan, which consolidated assets across different investment classes. The plan was approved without the plaintiffs? consent, allegedly violating New Stream?s bye-laws and the Segregated Accounts Companies Act 2000. The plaintiffs sought a declaration that the restructuring was unlawful and requested the appointment of a receiver to manage their interests.
2010
The Court of Appeal for Bermuda
Civil
Ayo Kimathi and David Tucker v The Attorney-General for Bermuda and others
The case started with claims related to constitutional law and human rights. The proceedings culminated in a judgment by the Chief Justice dismissing Kimathi's claim and partially granting Tucker's. The appeals were dismissed due to non-compliance with court orders
2017
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EPHESIANS 6:16
Hindsight law can make mistakes. Consider checking original case studies