Dispute Resolution
12 Mar 2024

Grand Court Rejects Attempted Defence of Creditor’s Winding Up Petition Based on Alleged Cross-Claim

In its recent judgment in In re Global-IP Cayman, the Grand Court has recently provided helpful guidance on the circumstances in which a petition may be resisted on the basis of an alleged cross-claim by the company against the petitioning creditor.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
29 Feb 2024

Silicon Valley Bank Liquidators Denied Chapter 15 Recognition, But They Fight On

The Liquidators of SVB’s Cayman branch have been denied Chapter 15 recognition, but they have continued their fight by filing a complaint against the FDIC in federal court. This article considers the Bankruptcy Court’s decision.

Dispute Resolution
28 Feb 2024

Proof of debt appeals to the Grand Court - the approach for dissatisfied creditors in disputing a liquidator’s rejection of proof

The Grand Court’s decision in North Sound Pharmaceuticals Inc. (in Official Liquidation) (FSD 110 of 2022) on 21 February 2024 provides a useful reminder of the applicable process and principles in appealing a liquidator’s rejection of a creditor’s proof of debt.

IOM-1024x576
26 Feb 2024

Trusts: Non-intervention in the Isle of Man

The recent Isle of Man judgment of the Staff of Government Division (SGD) in the case of A and B v C and D – 2DS 2023/25 emphasises the importance of the non-intervention principle in trust proceedings and provides us with another interesting case to add to the non-intervention cannon.

Intellectual Property
21 Feb 2024

Bermuda Privacy Law Compliance: Pitfalls to Avoid

Although members of the Chamber are aware that Bermuda’s Personal Information Protection Act, 2016 ( PIPA ) will come into full force on 1 January 2025, many members may not appreciate some of the more challenging compliance requirements of PIPA. In an effort to help members avoid some common pitfalls associated with PIPA compliance, the following is a brief review of three of PIPA’s compliance requirements that many organizations should devote particular attention to.

Dispute Resolution
19 Feb 2024

Bermuda: An Introduction to Dispute Resolution in 2024

International business is the primary area of economic activity in Bermuda, as a result of not just a favourable tax regime, but also because of its political and legal stability, regulatory framework, proximity to New York (2-hour flight) and London (7-hour flight), talented work force, and natural beauty.

The Grand Court clarifies the ordinary rule for damages in temporary deprivation of property cases
19 Feb 2024

Disciplinary Committees and the requirement of fairness and impartiality

Every company should ensure that it has established in its internal policies and procedures, a fair and impartial disciplinary procedure in line with the rules of natural justice. The benefit this has is that employees feel secure, respected, remain productive and trust the company in the event something goes wrong; and things do go wrong sometimes. It is only then that the company is critically assessed by its employees who are inevitably watching what treatment is meted out against their fellow colleague.

Private Client Trusts
15 Feb 2024

Preserving wealth in a Bermuda dynastic trust

The Vanderbilt family gained prominence through shipping and railroad empires and eventually various other areas of industry and philanthropy.