Criminal Cases
Supreme Court of Bermuda
Commercial
Moyes & Co (UK) Limited v Northern Gulf Petroleum Holdings Limited
Moyes & Co (UK) Limited, an oil and gas consultancy, sued Northern Gulf Petroleum Holdings Limited for breach of contract. Moyes had entered into an agreement with Northern Gulf to find buyers for its oil assets in Thailand, originally on a retainer and success-fee basis. The transaction was later restructured, but Northern Gulf failed to pay the agreed success fee of $1.7 million upon completion of the sale. Moyes sought damages, debt recovery, and restitution for services rendered. Northern Gulf applied to strike out the claim, arguing that Moyes had no enforceable contract with it.
2012
The Supreme Court of Bermuda
Commercial
PAUL RODRIGUES (TRADING AS RODRIGUES POOLS) v. CLEARWATER DEVELOPMENT LIMITED
Minority shareholder in construction contract dispute over payments and shareholder rights involving claims for damages and company actions perceived as oppressive or prejudicial. Disputes over liability and quantum of damages for construction work and minority shareholder's pursuit of fair market value for shares under oppression remedy provisions. Court managed complex case involving applications for split trials specific discovery and the determination of preliminary issues ruling on applications aligned with promoting just efficient and cost-effective resolution
2019
The Supreme Court of Bermuda
Commercial
In the matter of Jardine Strategic Holdings Limited
Shareholders sought appraisal of shares following amalgamation agreement under Companies Act 1981 contending not offered fair value. Company proposed strike out claims from shareholders who acquired shares post-announcement
2022
Supreme Court of Bermuda
Criminal
Lamont Marshall v Fiona Miller (Police Sergeant)
Lamont Marshall appealed his sentence for driving while impaired and driving while disqualified. After pleading guilty, he was placed into the DUI Court program but later withdrew after breaching its conditions. The Magistrate sentenced him to six months' imprisonment, a five-year driving disqualification, and a $5,000 fine. Marshall argued that the sentence was excessive, contrary to law, and that the Magistrate misled him into believing he would only receive a fine. The appeal focused on whether the sentence complied with statutory limits and whether the Magistrate?s indication on sentencing was binding.
2022
The Supreme Court of Bermuda
Civil
IN THE MATTER OF THE LIQUIDATION OF FOUNDING PARTNERS GLOBAL FUND LTD
The case involved the liquidation of Founding Partners Global Fund Ltd., following an originating summons issued by the Cayman Islands' Grand Court. The Cayman Court appointed Joint Official Liquidators (JOLs) and requested recognition of their authority in Bermuda. A US Receiver had also been appointed, creating a dispute over which entity had primary control over the fund?s Bermuda assets. The case centered on whether Bermuda should recognize the Cayman-appointed JOLs or defer to the US Receiver.
2011
The Court of Appeal for Bermuda
Criminal
Ki-Roy Kinta Butterfield Jahcai Daniel Morris Tahir Nesta Bascome v The Queen
On 4 April 2004 during a football match at Wellington Oval a group including the appellants attacked another group with weapons. The main target Foster was left semi-conscious and bleeding. The attacks were captured in photographs and a video providing clear evidence. The attackers were recognized by spectators including policemen. The appellants were convicted of attempted murder and other charges related to the possession and use of offensive weapons.
2007
The Supreme Court of Bermuda
Civil
CAT.SA v. PRIOSMA LIMITED
The dispute centers around the enforcement of an arbitration award issued in Paris concerning a brokerage agreement with an arbitration clause between CAT a member of the Covea Group and Priosma a Bermudian reinsurance broker. Priosma challenged the award arguing there was no valid arbitration agreement between the parties. The Supreme Court of Bermuda under Chief Justice Hargun ruled against setting aside the arbitration award's enforcement emphasizing the importance of the New York Convention and the pro-enforcement policy while allowing for a conditional stay of enforcement pending an appeal in France provided Priosma secures a satisfactory security amount
2019
Supreme Court of Bermuda
Civil
FIRST ATLANTIC COMMERCE LIMITED v. THE BANK OF BERMUDA LIMITED
Dispute over liability for losses in credit card processing under a 1999 E-commerce Agreement bank's obligation to process charge-backs whether bank or plaintiff bears loss estoppel arguments related to refinancing and previous representations possible duress in refinancing agreement
2007
Court of Appeal for Bermuda
Criminal
Herbie Spencer v Criminal Injuries Compensation Board
Herbie Spencer applied for compensation under the Criminal Injuries (Compensation) Act 1973 after being attacked by his stepson, Garth Bell, on 11 August 2014. Spencer suffered severe spinal cord injuries. The Criminal Injuries Compensation Board (CICB) awarded him $39,000, of which $7,117.46 was allocated for pain and suffering, while the rest reimbursed medical expenses. Spencer appealed, arguing that (1) the award was inadequate, (2) a Board member had personal knowledge of his case, and (3) the Board failed to provide sufficient reasons for its decision.
2018
PROPERTY OFFENCES
PROPERTY OFFENCES
VIOLENT OFFENCES
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Assault (Common Assault, ABH, GBH)
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Wounding
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Robbery
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Kidnapping / Unlawful Confinement
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Manslaughter
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Murder
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Attempted Murder
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Threats to Kill
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Harassment
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Stalking
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Criminal Intimidation
PUBLIC ORDER & ADMINISTRATION OF JUSTICE
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Affray
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Violent Disorder
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Public Nuisance
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Perverting the Course of Justice
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Perjury
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Escape from Lawful Custody
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Misconduct in Public Office
PROPERTY OFFENCES
SEXUAL OFFENCES
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Rape
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Sexual Assault
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Unlawful Carnal Knowledge
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Incest
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Indecent Assault
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Possession of Indecent Images of Children
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Grooming
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Voyeurism
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Sexual Exploitation of a Child
PROPERTY OFFENCES
DRUG OFFENCES
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Possession of Controlled Drugs
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Possession with Intent to Supply
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Trafficking in Controlled Drugs
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Importation of Controlled Drugs
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Cultivation of Cannabis
PROPERTY OFFENCES
VEHICLE & TRAFFIC OFFENCES
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Dangerous Driving
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Careless Driving
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Driving Whilst Impaired (DUI / Alcohol or Drugs)
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Failing to Stop or Report an Accident
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Driving Whilst Disqualified
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Driving Without Insurance
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Speeding
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Vehicle Violations (General - lights, tyres, etc.)
PROPERTY OFFENCES
MISCELLANEOUS OFFENCES
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Trespassing
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Carrying an Offensive Weapon
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Possession of Bladed/Pointed Article
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Domestic Violence
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Breach of Protection Order
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COVID Regulation Breach (during the Emergency Powers period)
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Money Laundering
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Child Abuse
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Animal Cruelty
PROPERTY OFFENCES
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Dive Deeper
- 145Page 124
EPHESIANS 6:16
Hindsight law can make mistakes. Consider checking original case studies