BERMUDA Law and Practice Contributed by: Michael Hanson, Keith Robinson, Sam Stevens and Kyle Masters, Carey Olsen Bermuda Limited
1. General 1.1 General Characteristics of the Legal System Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the UK. The Constitution established the Supreme Court as the primary court of first instance and the Court of Appeal as the court with jurisdiction to hear appeals from judgments of the Supreme Court. The Appeals Act 1911 further establishes a right of appeal from any judgment of the Court of Appeal to the Judicial Committee of the Privy Council. Bermuda’s legal system is largely based on Eng- lish common law. The Supreme Court Act 1905 further establishes that (subject to the provisions of any acts of the Bermuda legislature) the com- mon law, the doctrines of equity, and the Acts of the Parliament of England of general applica- tion which were in force in England at the date when Bermuda was settled on the 11 July 1612 have force within Bermuda. Trials are conducted using the adversarial model between plaintiffs and defendants, who are represented, in large part, by lawyers making both oral and written submissions. 1.2 Court System Section 12 of The Supreme Court Act 1905 established the Supreme Court as Bermuda’s superior court of record. The Chief Justice is the president of the Supreme Court and puisne judges rank next in precedence (with appoint- ed assistant judges ranking thereafter). The Supreme Court possesses and exercises the jurisdictions of the court of general assize, the court of chancery, the court of exchequer, the court of probate, the court of ordinary and the court of bankruptcy. There is also a Commercial
Court, which deals exclusively with commercial (including restructuring and insolvency) and arbi- tration-related matters. Appeals from the Supreme Court go to the Court of Appeal. The Court of Appeal currently has a roster of five Justices of Appeal who sit on a revolving basis. The current President of the Court of Appeal is Sir Christopher Clarke. Other renowned jurists on the Court of Appeal include Dame Elizabeth Gloster. Appeals are typically heard by three Justices. The Court of Appeal sits for three sessions per year, with each ses- sion lasting about a month. Under the Appeals Act 1911, appeals from the Court of Appeal go to the Judicial Committee of the Privy Council in London. The Magistrates’ Court is below the Supreme Court. Its jurisdiction is limited to matters in dis- pute with a value of up to BMD25,000. The Mag- istrates’ Court exercises both civil and criminal jurisdiction (summary only). Appeals from judg- ments and rulings rendered in the Magistrates’ Court lie, to the Supreme Court. 1.3 Court Filings and Proceedings Save in exceptional circumstances, court pro- ceedings are open to the public. This includes hearings in chambers. Under the Supreme Court (Records) Act 1955, the public has the right, sub- ject to certain exceptions, to access and review the file of any Supreme Court action. Parties who wish to keep proceedings, or the court file in those proceedings, confidential can apply for an order that the proceedings be held in private, and that the court file be sealed prior to commencing an action. When considering an application for privacy, the court will balance the rights of “open justice” and the public inter-
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