Finding the Law in Bermuda

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Finding the Law in Bermuda

• The Low-Tech Way
• by Karen Skiffington

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Application of English law

• All common law, doctrines of equity and Acts of
  the Parliament of England which were in force on
  11 July 1612 shall be, and are declared to be in
  force within Bermuda
• Supreme Court 1905, s. 15

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What isnt included

• Law of Property Act 1925
• Land registration legislation
• Most consumer protection legislation
• PACE

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Sources of Bermuda law

• Acts
• Statutory Instruments
• UK Legislation extended to Bermuda
• Government Reports
• Caselaw

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Acts

• Public Acts
• Bills pass after 3 readings in the House of
  Assembly
• 3 readings in Senate
• Assent by Governor
• Operative date may be Gazetted
• Acts are published by the House of Assembly,
  often several months behind

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Private Acts

• Limited application usually a company or
  partnership
• Published separately from Public Acts since the
  1950s
• Not available electronically

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Statutory Instruments

• Also called BRs (Bermuda Regulation), previously
  known as SROs (Statutory Rules and Orders)
• Printed in Official Gazette (this year tendered
  to Bermuda Sun newspaper) weekly, then compiled
  monthly. Monthly compilation quite far behind.

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UK Legislation extended to Bermuda

• Usually treaties
• Should be Gazetted, but there have been omissions
• Air Navigation (Overseas Territories) Order is an
  example, also UN Sanctions
• Good source is Multilateral Treaties (Bowman
  Harris)

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Government Reports

• Planning Reports
• City of Hamilton Plan
• Bermuda Planning Statement
• Annual Budget Speech
• Manpower Survey
• Census
• Consumer Price Index
• Usually available at a cost from relevant
  Government Department

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Caselaw

• Remember that Bermuda caselaw is authoritative
  UK Canada is persuasive
• Bermuda has the oldest continuing court system in
  the Western Hemisphere, dating back to 1620
• First written judgments of our Supreme Court date
  back to 1903.
• We now have 55 volumes of Supreme Court 38
  volumes of Court of Appeal judgments

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Caselaw (cont.)

• Supreme Court judgments prior to 1985 are not
  indexed. Index to 1985 onwards is electronic at
  www.bdalawreports.net
• Court of Appeal judgments were indexed by former
  Chief Justice Austin Ward in 5 volumes from 1966
  1984
• Criminal Injuries Compensation Board Reports
  filed with Cabinet Office annually.

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Books and articles

• There are no Bermuda law books.
• Articles on trusts and company law are published
  in several UK/Offshore journals.
• Law firm websites are a good resource

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Collections of materials

• Supreme Court Library
• Public Private Acts
• House of Assembly
• Public Private Acts recent Bills Journals of
  the House of Assembly
• No one keeps the Explanatory Memoranda
• Cabinet Library
• Private law libraries
• Government Departments

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Useful links

• Revised Laws of Bermuda www.bermudalaws.bm
• Government of Bermuda www.gov.bm
• Bermuda Bar Association www.bermudabar.org
• You may also wish to see Skiffys Legal Links at
  www.bdalawreports.net