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Bermuda Conference - Local Practitioners

This event is free to all local practitioners but places are limited and must be booked. A reserve list will operate. Please book by clicking on the button below.
When 10 May 2019
from 09:15 AM to 08:00 PM
Where Hamilton Princess Hotel, Bermuda
Contact Name
Contact Phone 07791 398254
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To download a copy of the programme, please click here.

9.15 – 9.45

Registration & Coffee

9.45-10.00

Introduction by Eason Rajah QC, Chair of the Chancery Bar Association

Welcome Address by Chief Justice Hargun

10.00-11.00

Shareholder Disputes Panel

Chair:    James Potts QC (Erskine Chambers)

Panel: 
Christopher Harrison (4 Stone Buildings)
Anna Markham (4 Stone Buildings)
Albert Sampson (4 Stone Buildings)

  • I am an unhappy shareholder: what should I do?
  • Derivative actions: the new requirement for leave in an international context
  • Privilege & Discovery: some knotty issues

11.00-11.30

Share Valuation Session

Matthew Morrison (Serle Court)
Donald Lilly (4 Stone Buildings)

  • Valuation in a s.994 Companies Act 2006/s.111 Companies Act 2001 context; and when and to what extent should a minority interest be discounted?
  • Compulsory purchase under  s.103 of Companies Act Act 2001; can and should the principles from a s.111 context be imported?

11.30-12.00

Coffee

12.00-12.20

The Charities Act 2014

Judge Alison McKenna, Chamber President (General Regulatory Chamber)

  • The recognition of new charitable purposes with reference to status cases decided by the Judge.

12.20-1.20

What might Bermuda learn from the English experience with Land Registration?

Chair:             
Amanda Tipples QC (Maitland Chambers)

Panel: 
Guy Fetherstonhaugh QC (Falcon Chambers)
Nicholas Isaac QC (Tanfield Chambers)
Nathaniel Duckworth (Falcon Chambers)
Sam Laughton (Ten Old Square)

A brief analysis of the problems to be faced in moving from a system of unregistered land to a registered land system

  • Introduction to the English experience of Land Registration
  • Alteration/rectification/mistake/indemnity
  • Determined boundaries and/or boundary disputes under a registered system
  • The Priority of Competing Interests in Registered Land

1.20-2.15

Lunch

2.15-3.15

Trust & Probate Panel

Chair:   
Keith Robinson (Carey Olsen, Bermuda)

Panel:  
Nicholas le Poidevin QC (New Square Chambers)
Mathew Roper (5 Stone Buildings)
Greg Williams (Coram Chambers)

Is there really a trust?

  • Can reserved powers be fatal?  Can the trust be ignored?
  • Will the illusory trust help the English divorce court?
  • What information can be extracted to attack the trust?

3.15-3.45

UK tax update on international issues - implications for Bermudian Trusts and Corporate Structures

Amanda Hardy QC (5 Stone Buildings)
Sam Chandler (5 Stone Buildings)

Topics to include:

  • Changes to taxation of foreign domiciliaries introduced in FA (No.2) Act 2017 and FA 2018
  • New tax on profit fragmentation where Bermudian offshore entities are involved.
  • Proposed new 1% SDLT surcharge for non-residents and IHT charges on indirectly held UK residential property
  • The impact of the Trusts Consultation for Bermuda.
  • Update on HMRC treatment of international entities.

3.45-4.15

Tea

4.15-5.15

Corporate Restructurings: Who is in control?

Panel:  
Ian Clark QC (Selborne Chambers)
Alex Potts QC ((Kennedys, Bermuda)
Michael Todd QC (Erskine Chambers)

An evaluation from the perspective of directors, creditors and shareholders

  • The uses and abuses of Provisional Liquidators
  • Jurisdictional issues, forum shopping, and COMI-shifting
  • The balancing act between collective, class, and individual rights

5.15-5.45

Keynote Speech

Catherine Newman QC (Maitland Chambers)

Clergy to Companies and More: 150 years of Bermudian jurisprudence in the Privy Council

5.45-6.00

Wrap Up Session

Michael Gibbon QC (International Subcommittee Chair)
Eason Rajah QC (Chair of the Chancery Bar Association)

6.00-8.00

Cocktail & Canapé Reception on the terrace