Family Cases
Supreme Court of Bermuda
Civil
Loral Space & Communications Ltd.
This case involved the winding-up of Loral Space & Communications Ltd., a Bermuda-registered company, following a Chapter 11 reorganization in the United States. The Joint Provisional Liquidators (JPLs) sought their appointment as permanent liquidators to conclude the winding-up process. The case raised issues about whether a company?s affairs could be wound up without first holding creditor and contributory meetings as required under the Companies Act 1981. The JPLs argued that the US Chapter 11 Plan had already settled all creditor claims, rendering the statutory meetings unnecessary. Mr. Larry Mussenden (Attride-Stirling & Woloniecki) N/A The Court appointed the JPLs as permanent liquidators without requiring the usual creditor and contributory meetings, citing the need for efficiency and compliance with the Chapter 11 Plan. JPLs appointed as permanent liquidators; statutory requirements for creditor meetings bypassed. Joint Provisional Liquidators (JPLs) (1) Can a Bermuda court appoint permanent liquidators without a creditor vote? (2) Should the Chapter 11 Plan override Bermuda?s statutory winding-up process? (3) Was the liquidation process consistent with Bermuda insolvency law? Clarifies the power of Bermuda courts to accommodate international bankruptcy procedures and streamline liquidation processes for companies under foreign restructuring plans. Companies Act 1981 (Bermuda), US Bankruptcy Code (Chapter 11), Rules of the Supreme Court (RSC) Order 18/19 Cambridge Gas Transport Corp v The Official Committee of Unsecured Creditors [2006] 3 WLR 689, Re Titan Petrochemicals Ltd. [2013] Bda LR 76, Re Demaglass Holdings Ltd [2001] BCLC 633 wix:document://v1/ugd/71f0ba_d818897f8e8c44ca80daf40da55aed4e.pdf/SC0704_Loral-Space--n--Communications-Ltd._CB_87-2007-SC-Bda-26-W-Up-18-April-2007.pdf
2007
Supreme Court of Bermuda
Civil
Brent Jerome Furbert v. Robin Swan Michael Smith (trading as Smith & Co.) and Kevin Bean
Lease agreement for premises at 81 Northshore Road Devonshire led to a dispute over overpayment of $184500 by Furbert to Swan. Furbert sought an injunction damages for fraudulent misrepresentation and the return of the overpaid amount. Swan counterclaimed for unpaid rent
2007
The Supreme Court of Bermuda
Employment
Daniel D. Matthews v. Bank of Bermuda Limited
The Plaintiff, Daniel Matthews, was dismissed from his role at the Bank of Bermuda for alleged performance issues, particularly failing to meet the standards required for the Premier Banking Service. The Employment Tribunal upheld the dismissal. Matthews appealed, arguing that he was denied the right to call witnesses and that the Tribunal had not properly applied the law.
2010
Supreme Court of Bermuda
Civil
Geneanne Woods-Forde v. The Bermuda Hospitals Board
The Plaintiff was summarily dismissed for allegedly lying during an investigation which she admitted but contested as gross misconduct. The court found her dismissal wrongful as it did not constitute gross misconduct under the employment contract and policies.
2013
Supreme Court of Bermuda
Commercial
Mutual Holdings (Bermuda) Limited v. Matsen Insurance Brokers Inc
The case revolves around indemnity obligations under a shareholder agreement linked to an insurance profit-sharing program focusing on whether certain losses including IBNR were covered. The dispute centered on the interpretation of dividend and indemnity provisions specifically whether payments under a commutation agreement were to be included in indemnity calculations
2014
The Supreme Court of Bermuda
Civil
IN THE MATTER OF THE F TRUST AND IN THE MATTER OF THE A SETTLEMENT
The F Trust and A Settlement established in Bermuda appointed D1 as trustee without considering UK tax implications leading to adverse tax consequences. Voluntary disclosure to HMRC was made by Plaintiff Trustees who sought to return the Trusts to their original tax status.
2015
PROPERTY OFFENCES
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VIOLENT OFFENCES
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Assault (Common Assault, ABH, GBH)
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Wounding
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Murder
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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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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
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Possession of Controlled Drugs
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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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Animal Cruelty
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EPHESIANS 6:16
Hindsight law can make mistakes. Consider checking original case studies and laws