Thursday, 23 May 2013

Law report - serving parties outside of Bermuda in trust proceedings

In the matter of the Hanover Trust [2013] SC (Bda) 38 Civ

The Chief Justice clarified an issue regarding service of court proceedings on overseas parties to a trust action. He held that in trust proceedings concerning a Bermuda trust or where the trust property was in Bermuda, it was not necessary to obtain the leave of the court to do this, as the court had clear jurisdiction to hear such applications [143]-[15]. Leave would only be required if the overseas party might potentially challenge jurisdiction to hear the dispute or whether Bermuda is the most convenient forum to hear it [13].

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