Technology and Innovation
17 Jan 2025

Augmented Advocacy Series (Bermuda): AI and Legal Privilege

The dramatic rise in the use of artificial intelligence in the legal sector raises issues around legal professional privilege, the concept under English law ― and adopted under Bermuda law ― that protects confidential communications between a lawyer and their client.

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
14 Jan 2025

Stig of the Dump meets crypto: how one hard drive ended up in legal landfill

This case comment explores the decision of the English High Court on 9 January 2025 in James Howells v Newport City Council (Howells v Newport), where a quest to recover a discarded hard drive said to contain the key to hundreds of millions of dollars’ worth of Bitcoin collided with waste-management legislation—resulting in a legal dead-end. This article looks at the key takeaways around digital assets, property rights, and statutory ownership of “rubbish,” illustrating that sometimes even crypto treasure can turn into costly landfill.

Restructuring Offshore
24 Dec 2024

GPs behaving badly: disputes involving Cayman exempted limited partnerships

Private equity managers domicile their closed-ended funds in the Cayman Islands using the exempted limited partnership structure for two main reasons: tax efficiency and the flexibility to define the rights and obligations of the fund’s stakeholders in contract with minimal legislative interference. When it comes time to liquidate or restructure these funds, complications can often arise due to the novel nature of these partnership structures. Recent first instance and appellate decisions in the Cayman Islands have clarified how these partnerships are to be liquidated and restructured. This article summarises those decisions and offers some practical points for how investors can best protect their positions when they invest in these structures.

Appleby-Website-Mauritius2
23 Dec 2024

The Mauritius Revenue Authority takes bold policy decision to treat compensation under Compromise Agreements as exempt income

In a bold move, the Mauritius Revenue Authority has decided on the 20 December 2024 to treat compensation received under a compromise agreement pursuant to Section 16 of the Workers Rights Act as “exempt up to a maximum of Rs 3 million”.

Website-Code-Bermuda
13 Dec 2024

Gifting a home in Bermuda: a review of your options

A home can be gifted to a spouse, or the next generation either during an owner’s life, or as an inheritance. Either way has pros and cons, including stamp duty (tax) considerations.

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10 Dec 2024

Bermuda: Americas Restructuring Review 2025

This article discusses the defining features of Bermuda’s insolvency landscape and the primary insolvency and rescue procedures available under Bermuda law, including compulsory liquidations and schemes of arrangements. T

Appleby-Website-Privacy-and-Data-Protection
5 Dec 2024

Digital identity services in Bermuda

There is steep demand for the ability to authenticate a person’s identity through the use of a trusted repository of their digital information.

Appleby-Website-Privacy-and-Data-Protection
28 Nov 2024

Augmented Advocacy Series (Bermuda): Copyright infringement in the age of AI

Artificial intelligence is revolutionising the way that humans solve problems and create.

The Exception To The Rule: Stricter Test Applies Where Granting An Interlocutory Injunction Would Shut Out Trial
21 Nov 2024

Privy Council clarifies Cayman Islands law on shareholder standing to bring personal claims against a company alleging that shares were allotted for an improper purpose

In a recent decision, overturning the Cayman Islands Court of Appeal, the Privy Council has provided some welcome certainty in the Cayman Islands regarding the circumstances in which shareholders have standing to bring personal claims against a company to challenge an improper exercise of power by the company’s directors.