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Civil Cases

Supreme Court of Bermuda

Civil

Charles Simons v. Lionel Darrell and Dolores Darrell

Dispute over the operation of SeaView Health and Fitness Centre and termination of Charles Simons' contract as a personal fitness trainer

2008

The Supreme Court of Bermuda (Civil Jurisdiction)

Civil

Clarien Bank Limited v. Shyvonne Helaine Robinson Arthur Samuel Winfield Ebbin Dr. Jewel Landy Westport Trust Company Limited Jewel Hotel and Spa Limited Dr. Jewel Landy

Clarien Bank Limited (formerly Capital G Bank Limited) sought money judgments, possession orders, and enforcement of security interests against the trustees of the JEM Trust and Dr. Jewel Landy, a guarantor for multiple loans. The dispute involved mortgage agreements dating back to 2006, 2010, and 2014. The Bank claimed that significant amounts were in arrears and sought possession and sale of mortgaged properties, including a hotel and residential properties, arguing that the defendants failed to meet their repayment obligations. Dr. Landy contested various aspects, including the validity of the mortgage agreements and guarantees.

2017

Supreme Court of Bermuda

Civil

Auditor General v. Bermuda Housing Trust

Dispute over whether Bermuda Housing Trust falls under 'Government-controlled' definition requiring audit by Auditor General under Audit Act

2007

Supreme Court of Bermuda

Criminal

D.S (a minor) v The Queen

The case involved an appeal against a sentence to corrective training for a minor which was quashed and substituted with a sentence of 3 months probation. The appeal highlighted the issue of indeterminate sentences and the proper procedure for sentencing minors under the Young Offenders Act 1950. An application for indemnity costs was made by the appellant's counsel and awarded by the court

2018

Supreme Court of Bermuda

Civil

ATTORNEY GENERAL vs. ZANE DE SILVA WENDALL BROWN DELANO BULFORD ISLAND CONSTRUCTION SERVICES LIMITED S.A.L. LIMITED

Allegations of fiduciary duty breach by board members through profit-making and secret commissions in government contract awards

2018

The Court of Appeal for Bermuda

Commercial

First Atlantic Commerce Ltd. v Bank of Bermuda Limited

FAC offered a payment gateway service to the Bank for credit card transactions online. Dispute arose over $5.4 million in overdrafts due to fraudulent trading by some sub-merchants. Bank and FAC entered a Refinancing Agreement leading to litigation over the Bank's alleged negligence in vetting sub-merchants.

2009

Supreme Court of Bermuda

Civil

Attorney General and The Minister of Legal Affairs (Enforcement Authority) vs. Esmeralda Del Rocio Esparza Patino

Accusation against respondent for holding proceeds of crime in a financial account funds linked to husband's alleged unlawful activities including bribery and money laundering

2022

The Supreme Court of Bermuda

Administrative

S. Smith v. Minister of the Environment

2013

The Court of Appeal for Bermuda

Criminal

Dean Sinclair Burgess v The Queen

Burgess pleaded guilty to possessing a knife within an increased penalty zone sentenced to three years' imprisonment

2012

Supreme Court of Bermuda

Employment

Island Construction Ltd & Zane DeSilva v. Barbara Phillips & Rebecca Phillips

Tribunal's decision affirmed appellants' absence from Tribunal

2019

Court of Appeal (Criminal Division) on appeal from Supreme Court of Bermuda

Traffic

Terrence Walker v The King

Walker appealed against conviction for causing death by careless driving involving death of Jen-Naya Simmons jury found based on expert testimony and CCTV evidence Walker's driving caused Simmons' death

2023

Supreme Court of Bermuda

Civil

Barry J. Kessell & Cedarberry (Bermuda) Limited v. John Barritt & Sons Limited & Alex Winston Russell

Personal injuries from a road traffic accident on January 17 1997 multiple delays and changes in legal representation issues with legal aid and institutional weaknesses in Bermuda's civil justice system

2009

PROPERTY OFFENCES

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PROPERTY OFFENCES

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VIOLENT OFFENCES

  • Assault (Common Assault, ABH, GBH)

  • Wounding

  • Robbery

  • Kidnapping / Unlawful Confinement

  • Manslaughter

  • Murder

  • Attempted Murder

  • Threats to Kill

  • Harassment

  • Stalking

  • Criminal Intimidation

PUBLIC ORDER & ADMINISTRATION OF JUSTICE

  • Affray

  • Violent Disorder

  • Public Nuisance

  • Perverting the Course of Justice

  • Perjury

  • Escape from Lawful Custody

  • Misconduct in Public Office

PROPERTY OFFENCES

SEXUAL OFFENCES

  • Rape

  • Sexual Assault

  • Unlawful Carnal Knowledge

  • Incest

  • Indecent Assault

  • Possession of Indecent Images of Children

  • Grooming

  • Voyeurism

  • Sexual Exploitation of a Child

PROPERTY OFFENCES

DRUG OFFENCES

  • Possession of Controlled Drugs

  • Possession with Intent to Supply

  • Trafficking in Controlled Drugs

  • Importation of Controlled Drugs

  • Cultivation of Cannabis

PROPERTY OFFENCES

VEHICLE & TRAFFIC OFFENCES

  • Dangerous Driving

  • Careless Driving

  • Driving Whilst Impaired (DUI / Alcohol or Drugs)

  • Failing to Stop or Report an Accident

  • Driving Whilst Disqualified

  • Driving Without Insurance

  • Speeding

  • Vehicle Violations (General - lights, tyres, etc.)

PROPERTY OFFENCES

MISCELLANEOUS OFFENCES

  • Trespassing

  • Carrying an Offensive Weapon

  • Possession of Bladed/Pointed Article

  • Domestic Violence

  • Breach of Protection Order

  • COVID Regulation Breach (during the Emergency Powers period)

  • Money Laundering

  • Child Abuse

  • Animal Cruelty

PROPERTY OFFENCES

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    Page 67

EPHESIANS 6:16

Hindsight law can make mistakes. Consider checking original case studies

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