Are our Courts tilting towards procedural flexibility?
Case Commentary: R.K.G FRUITS CO LTD v MAERSK (MAURITIUS) LIMITED 2025 SCJ 220. In a significant decision reaffirming the principle that procedural technicalities should not override substantive justice, the Court of Civil Appeal allowed an appeal overturning an interlocutory judgment of the Bankruptcy Division that had dismissed an application to set aside a statutory demand on the basis of a contested board resolution.
Bermuda benefits from a strong and capital efficient regulatory regime
Bermuda’s long-term reinsurance sector is experiencing a new phase of complexity and scrutiny but will remain strong, say Max Tetlow and Cathryn Minors of Appleby.
Insurance and reinsurance in the Isle of Man: Overview
Appleby has contributed to a guide on Insurance and Reinsurance in the Isle of Man for Practical Law, which is a key online know-how resource for lawyers and in-house counsel engaging in cross-border work.
In Byju's Alpha Inc v OCI Ltd and others [2025] EWHC 271 (KB), the English High Court (High Court) set aside an order giving effect to a letter of request on the basis that it was oppressive, because it would have allowed the applicant to obtain testimony and documents from the respondents prior to formulating proceedings against them. We consider the key takeaways from a Cayman perspective on how to avoid the traps and pitfalls identified by the High Court.
Bankruptcy & Restructuring – To Enforce, or not to Enforce
Bermuda’s flagship restructuring process is the appointment of provisional liquidators, whose powers can be tailored to meet the specific need of a particular situation. It is very common, for instance, for provisional liquidators to be empowered to promote a scheme of arrangement between an insolvent company and its creditors. The practice is now developed to the point where the Court will generally not permit an insolvent company to promote a scheme of arrangement unless provisional liquidators are appointed.
Digital transformation done right (Bermuda)
As any specialised tech lawyer or technology consultant will tell you, digital transformation projects are not for the faint of heart.
Although it is well-understood that fiduciaries are subject to the no profit rule, its proper ambit has long been a source of uncertainty and debate: is the fiduciary precluded only from making unauthorised profits from the same business or activity that its principal has entrusted it to pursue, or does the restriction go somewhat further? The UK Supreme Court recently answered that question in Rukhadze v Recovery Partners, providing welcome clarity on the default position under the rule and illuminating the ways in which liability for honest breaches might potentially be avoided.
Cayman Islands Regulatory Round Up - Spring 2025
The round-up provides a concise yet thorough summary of regulatory developments relevant to financial service providers (FSPs) and other stakeholders in the Cayman Islands. It highlights key legislative changes, publications by the Cayman Islands Monetary Authority (CIMA), updates on financial sanctions, and anticipates upcoming changes through "horizon scanning”. Links to the underlying CIMA publications, as well as related Appleby published briefings and e-alerts are available throughout this document. The information provided is “as of” 28 May 2025.
2025 Global Financial Crisis Stress Test: Bermuda
The Bermuda Monetary Authority (BMA) has recently published instructions for a significant data collection exercise: the 2025 Global Financial Crisis (GFC) Stress Test. This initiative requires Bermuda-regulated commercial long-term (Class C, D, and E insurers) to assess their sensitivity and resilience to a severe economic crisis alike the 2008 GFC. Submissions are required by mid-June 2025.
Corporate real estate acquisition in Bermuda
Corporate real estate acquisitions in Bermuda are a matter of careful balance. That is because, at just 21 square miles, land in Bermuda is a finite and closely managed resource.
