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Kawaley: Bermuda must modernise

Important priority: Chief Justice Ian Kawaley

The long-standing issue of Bermuda’s out of date court buildings remains an ‘important priority’ for the Island’s Chief Justice.

Ian Kawaley said that in order for the problem to be ‘addressed meaningfully’ it would require Government support and public expense.

Mr Kawaley told The Royal Gazette that Bermuda’s global reputation as an international dispute resolution centre had steadily improved.

But he highlighted certain areas that needed to be tackled for the judicial system to fulfil its role to the best of its ability.

“There are a number of housekeeping reforms to the Rules of Court which can be implemented without any public expense or Governmental support,” Mr Kawaley said.

“We need modern rules on access to Court records which are consistent with rules adopted in other offshore jurisdictions.

“There are a few legislative reforms relating to the courts and which are designed to save public expense which the Judiciary proposed in early 2013, but which require Governmental support. I would hope to see such legislation being enacted in 2015, if not before.

“Another important priority for 2015 will be the still-vexed question of Court buildings, which to be addressed meaningfully or at all requires both Government support and public expense.

“The enduring challenge for the Judiciary will remain to deliver justice within a legal system which today impacts the legal rights of far more people outside of Bermuda than those living within Bermuda in a way which is credible to all.”

Bermuda deals with a large number of international commercial cases that involve parties from across the globe.

And while the tide of new insolvencies appears to have stemmed the number of applications made for information pursuant to the Government’s tax information exchange agreements has sharply risen.

The Chief Justice said: “I like to think that Bermuda’s global reputation as an international dispute resolution centre has steadily improved since Chief Justice Richard Ground amended the Court’s Rules to establish a Commercial Court with effect from January 1, 2006.

“We aim to handle cases in a way which is not simply legally sound and quick but will also in terms which make sense to global businessmen and high net worth individuals who hail from all corners of the world.

“An important part of our work outside of court is promoting Bermuda’s ability to effectively manage disputes which arise in relation to investment structures erected here and establishing and maintaining good relations with fellow judges in other jurisdictions.

“A high percentage of commercial cases in Bermuda involve connected proceedings in other courts and require varying degrees of cross-border judicial cooperation.”

Mr Kawaley added: “There are two important “spillover” consequences of this commercial specialisation.

“Firstly, and more narrowly, other areas of the Judiciary have become more specialised as well. Dedicated judges handle criminal and family cases, areas of the law which have each increased in their complexity in recent years, at both Supreme Court and Magistrates’ Court levels.

“I believe the public is well served by having judges with a depth of relevant experience and up to date knowledge handling the most difficult cases in all areas of the law.

“Secondly and more broadly, the development of a modern and international approach to commercial law has arguably contributed to a more modern and international approach to areas of civil law such as constitutional and administrative law, environmental law and human rights law as well.

“There is often an overlap between the lawyers and judges who handle commercial cases and those who handle public law cases as well.”