Finding the Law in
Bermuda
The Low-Tech Way
by Karen Skiffington
Application of English law
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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
What isn’t included
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Law of Property Act 1925
Land registration legislation
Most consumer protection legislation
PACE
Sources of Bermuda law
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Acts
Statutory Instruments
UK Legislation extended to Bermuda
Government Reports
Caselaw
Acts
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Public Acts
• Bills pass after 3 readings in the House of
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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
Private Acts
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Limited application – usually a company
or partnership
Published separately from Public Acts
since the 1950s
Not available electronically
Statutory Instruments
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Also called BRs (Bermuda Regulation),
previously known as SR&Os (Statutory
Rules and Orders)
Printed in Official Gazette (this year
tendered to Bermuda Sun newspaper)
weekly, then compiled monthly. Monthly
compilation quite far behind.
UK Legislation extended to
Bermuda
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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)
Government Reports
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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
Caselaw
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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
Caselaw (con’t.)
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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.
Books and articles
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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
Collections of materials
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Supreme Court Library
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House of Assembly
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Public & Private Acts
Public & Private Acts; recent Bills; Journals of the
House of Assembly
No one keeps the Explanatory Memoranda
Cabinet Library
Private law libraries
Government Departments
Useful links
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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 Skiffy’s Legal
Links at www.bdalawreports.net