Bermuda—introduction to insolvency and restructuring law and practice: part one
Produced in partnership with Alex Potts QC of Conyers

The following Restructuring & Insolvency practice note produced in partnership with Alex Potts QC of Conyers provides comprehensive and up to date legal information covering:

  • Bermuda—introduction to insolvency and restructuring law and practice: part one
  • Sources of Bermuda law generally
  • The Bermuda courts’ approach to statutory interpretation
  • Common law and the doctrine of precedent in Bermuda
  • The status of English and commonwealth case law in Bermuda
  • Sources of Bermuda law on insolvency and restructuring of companies
  • Specific provisions relating to insolvent insurance companies, insolvent segregated accounts companies and banks
  • Bermuda’s constitution and human rights legislation

Bermuda—introduction to insolvency and restructuring law and practice: part one

Sources of Bermuda law generally

Bermuda is a self-governing British Overseas Territory.

The systems of law administered in Bermuda are:

  1. local Bermudian legislation

  2. Bermudian common law and equity (as developed from English common law and equity as at 1612), and

  3. UK legislation expressly made applicable to Bermuda

Consolidated Bermudian legislation is publicly available at Bermuda Laws Online.

Reported Bermuda court judgments are available by subscription online to the Bermuda Law Reports through Justis.

Reported Bermuda court judgments since 2007 are publicly available online at the Judiciary pages of the Bermuda Government website.

Hard copies of Bermudian legislation and court judgments can be made available through the libraries of Bermudian law firms and the library of the Supreme Court of Bermuda.

The Bermuda courts’ approach to statutory interpretation

The Supreme Court of Bermuda is required, when interpreting any Bermudian statutory provision, to apply as nearly as practicable the rules for the interpretation of provisions of law as are binding upon the English courts.

Common law and the doctrine of precedent in Bermuda

Bermudian common law, following English common law, is based on the common law principle of precedent.

A judge of the Supreme Court of Bermuda is bound to follow and apply any relevant decision of the Court of Appeal for Bermuda, and any relevant decision of the Privy Council.

The Court of Appeal for Bermuda, in turn,

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