Business Crime and Investigations in Bermuda: Overview
A Q&A guide to business crime and investigations in Bermuda.
Information Technology, Outsourcing, Privacy & Data Protection
All aspects of Bermuda's economy rely on information technology and data processing - an essential infrastructure and related services which must be procured, implemented, operated and securely managed.
A Look Back on 2022 and What to Expect for 2023
As we approach the end of 2022, we are able to look back and say with certainty that the arena of labour relations law has not been as lively as it was in 2021, when there were changes to the Employment Act 2000 and the tribunal system. Following a tweet at the beginning of the year from the Minister of Labour, it was anticipated that there may be some legislative developments to “expand the rights of workers in Bermuda throughout 2022”. This could have been both significant and controversial, however the rumblings of change stopped there and 2022 was not the hive of activity that it might otherwise have been.
Weathering the Latest Storm in the Crypto Winter
The US bankruptcy filings in respect of FTX have resulted in the assets of one of the largest crypto exchanges by volume, with possibly over one million users, being frozen.
Appleby Mauritius Newsletter, Nov 2022
There have been interesting developments in our legal landscape since our last issue with the Government’s continued endeavours to further enhance our international financial centre as one of excellence.
Mauritius Case-Law Summary November 2022
This is a summary of recent cases likely to influence the practice of global business in Mauritius.
The Statutory Requirement for a Debenture Holders’ Representative in Mauritius
A debenture is essentially a debt instrument which is traditionally not supported by any collateral security and frequently has a term of repayment exceeding ten years.
Banker's duty of confidentiality
A bank’s duty of confidentiality to its customers, as well as the obligation on banking institutions to preserve the details and secrets of its clients, are long-established principles. Whilst some may argue, on the basis of the Norwich Pharmacal principles, that they are entitled by law to request the disclosure of limited information from banking institutions, the Mauritian Chief Justice has recently clarified the position of the bank in respect of its overriding duty of confidentiality towards its clients and any possible latitude towards disclosure.
Insurance and reinsurance in the Isle of Man in 2022: Overview
A Q&A guide to insurance and reinsurance in the Isle of Man. Reproduced from Practical Law with the permission of the publishers.
When will the court enforce a promise?
As we all know, promises are made and broken all the time. What, if anything, can the law do to assist? Bermuda law, like English law, is usually uninterested in the simple promise, or, more pertinently, the breaking of a simple promise. Without a contract, a trust, a claim under statute or a breach of duty, there is usually no recourse to the court.
Legally speaking: what not to do when outsourcing operations
In the course of my career, I have drafted, negotiated or otherwise provided commercial and legal advice concerning well more than 300 outsourcing contracts of all types.
Significant Judgment for Isle of Man Fund Managers
A rethink of exclusion clauses in fund agreements may be needed after the Isle of Man’s appeal court delivered a significant judgment in September. The Court also examined duties owed to funds, which will be of interest to governing bodies, managers, administrators and auditors of Isle of Man funds.
