BERMUDA Law and Practice Contributed by: Michael Hanson, Keith Robinson, Sam Stevens and Kyle Masters, Carey Olsen
istration of the judgment in the Supreme Court at any time within six years after the date of the judgment. The process of registration is straightforward. An application is made to a judge supported by an affi- davit exhibiting the foreign judgment (or a certified copy of it), wherein the affiant confirms: • their belief that the judgment is one to which the 1958 Act applies; • that there was no fraud practised on the court to obtain the judgment; • that the person seeking registration is the person in whom the rights under the foreign judgment are vested; • that the defendant received notice of the foreign proceedings giving rise to the judgment; and • that the foreign court had the jurisdiction to make the judgment it did. Foreign Judgments outside the Judgments (Reciprocal Enforcement) Act 1958 A foreign judgment that does not fall within the 1958 Act can be enforced in Bermuda at common law. For- mal pleadings must be filed in the Supreme Court. The debt obligation created by the foreign judgment can form the basis of a cause of action. However, there is no requirement for the creditor to re-litigate the under- lying claim that gave rise to the foreign judgment. The registration of a foreign judgment and the enforce- ment under common law can both be subject to chal- lenge.
• at the discretion of the Court of Appeal where the issues in the appeal are of significant public impor- tance; or • as of right where the amount in dispute exceeds BMD12,000 or the appeal concerns fundamental rights under Section 15 of the Bermuda Constitu- tion Order 1968. 10.2 Rules Concerning Appeals of Judgments A party to civil proceedings dissatisfied with a judg- ment has the right to appeal final orders without leave. An appeal against interlocutory or interim orders requires that the party wishing to appeal those matters first seek the leave of the lower court and, if refused, then make a renewed application to the higher court. The test for permission for leave to appeal is whether the appeal has a real prospect of success or if there is some other compelling reason for the appeal to be heard. 10.3 Procedure for Taking an Appeal Appeals from the Supreme Court to the Court of Appeal are by notice of motion accompanied by an affidavit that exhibits draft grounds of appeal. The notice of appeal shall be signed by the appellant and shall also set out the nature of the relief sought, names and addresses of parties affected, and specify whether the appeal concerns the entire decision or only a part of it. In the case of an interim or interlocutory order of the Supreme Court, an application for leave must be made to the Supreme Court within 14 days of the date of the order and, if refused, within seven days to the Court of Appeal. In the case of a final judgment/order, where leave is not required, a party has six weeks from the date on which the judgment/order was perfected to appeal. 10.4 Issues Considered by the Appeal Court at an Appeal On appeal, the court is normally limited to consider- ing the evidence that was before the lower court. An appeal is a review of the lower court’s decision. A notable exception is appeals from statutory tribunals
10. Appeal 10.1 Levels of Appeal or Review to a Litigation
Appeals of judgments of the Magistrates’ Court may be made to the Supreme Court. Supreme Court deci- sions can be appealed to the Court of Appeal. Appeals from the Court of Appeal can be made to His Majesty’s Order in Council (the Privy Council):
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