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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

Supreme Court of Bermuda

Traffic

Dean Allen Grant v The Queen

Dean Allen Grant apprehended for impaired driving and failing to provide a breath sample challenges the mandatory disqualification period

2012

Supreme Court of Bermuda

Traffic

Patrick Francis v Fiona Miller

Patrick Francis convicted of causing grievous bodily harm by driving without due care and attention collision with Kristy Woods

2022

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

Court of Appeal for Bermuda

Civil

Edward Manuel Tavares v. Jennifer Ann Tavares

Dispute over maintenance for child over 18 in education original order not varied to extend maintenance

2016

Supreme Court of Bermuda

Civil

Sonia Grant v. Sutherland Madeiros John Cooper Kelly Miller

Election of Mayor of Hamilton challenged due to alleged irregularities

2007

Supreme Court of Bermuda

Commercial

Cornhill Natural Resources Fund Limited v. Libyan Investment Authority and HSBC Securities Services (Luxembourg) SA

Legal interpretation of sanctions regime asset freezing

2016

Supreme Court of Bermuda

Civil

Dr. J-J Soares and The Hamilton Medical Center Ltd. v Bermuda Health Council

Dispute over refusal of medical service provision application issues with appeal process and disclosure requests

2021

COURT OF APPEAL (CRIMINAL DIVISION) BERMUDA

Criminal

R v Wallington

Rebecca Wallington convicted in two cases for possession of cannabis with intent to supply appeals on grounds of bias due to the same magistrate trying both cases

2022

Supreme Court of Bermuda

Family

T.S.M. v T.T.

Paternal grandmother sought custody and to prevent child's removal by parents to UK

2017

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    Page 19

EPHESIANS 6:16

Hindsight law can make mistakes. Consider checking original case studies

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