On 6 February 2024, the Governor of Bermuda, Ms Rena Lalgie, announced the appointment of Mr Larry Mussenden as the next Chief Justice of the Supreme Court of Bermuda. Mr Justice Mussenden has officially commenced his role on 8 February 2024.

In the recent decision of Charles Peterson et al v Douglas Riegels et al the Eastern Caribbean Court of Appeal remind us of how high the bar is when an appellant seeks to impugn the exercise of discretion by a first instance judge.

By its recent decision in Sun Vessel Global Limited v (1) HQ Aviation Limited (2) Great Lakes Insurance (UK) SE [BVIHCMAP2022/0017] (9 January 2023) (unreported), the Court of Appeal has reaffirmed the Court’s ability to vary, or even reverse, its decision at any time before an order is perfected (ie sealed). The discretion was originally articulated by the English Court of Appeal in Re Barrell Enterprises [1973] 1 WLR 19 (CA) and has subsequently been referred to as the "Barrell jurisdiction".

In an important judgment on the recusal of a judge for apparent bias, Justice Doyle of the Grand Court of the Cayman Islands considered the attributes of the ”fair minded informed observer” and discussed the relevant authorities in In the Matter of Principal Investing Funds Ltd, Longview II Ltd and Global Fixed Income Fund Ltd, which reinforce what is known as the “precautionary principle”.

On 25 January 2023, the UK Supreme Court handed down its decision in Barton and others v Morris and another in place of Gwyn Jones (deceased), recounting the key principles that underpin implied terms in contract law and unjust enrichment.

Two recent Hong Kong liquidation cases applied for recognition and assistance in Mainland China under the Mutual Recognition and Assistance related to Insolvency Proceedings between the Courts of the People’s Republic of China and the Hong Kong SAR (the Cooperation Mechanism). Harneys reported on the unveiling of the Cooperation Mechanism on 14 May 2021.

Mr Justice Baker has handed down judgment in Skatteforvaltningen (the Danish Customs and Tax Administration) v Solo Capital Partners LLP (in special administration) and many others, dismissing the "massive" and "unprecedented" claim at the first opportunity.

In the decision of Sumitomo Mitsuitrust (UK) Ltd and others v Spectrum Galaxy Fund Ltd, Justice Jack granted the claimants permission to amend their statement of claim to include arguments not originally pleaded.

In an arguably unnecessary but nonetheless welcome determination, the English High Court has ruled that the use of offshore structures does not of itself constitute a ground for believing that such structures were intended to be used or were being used for wrongful purposes and that there had to be some additional evidential basis for such a belief.