Litigation

Our lawyers have been involved in commercial litigation covering issues such as the power of the courts to order a meeting/AGM, the fiduciary duties of directors, cross-border insolvency, foreign bankruptcy proceedings and enforceability of UK judgments in jurisdictions around the world. Trott & Duncan has expertise at all levels, from contractual disputes, to miss-selling of bonds, to professional negligence, to large scale share valuation claims. Trott & Duncan also has extensive experience obtaining and resisting interim remedies such as injunctions (e.g. freezing orders) and other relief, security for costs, and interim payments.

Trott & Duncan are regularly instructed in some of the leading international trust disputes in Bermuda. We have been at the forefront of formulating law affecting all aspects of the operation of Trusts including the limit of Trustees’ Powers, exposing sham Trusts, dealing with letters of request from the UK courts, disclosure of trust documents and accounts from Trustees, and apportioning costs.

We have been engaged to represent the former premier of Bermuda, Premier and Cabinet Ministers in Turks and Caicos Islands, a former minister in BVI and business-men in Bermuda, across the Caribbean and the UK. We have been involved in some of the most important decisions in criminal law both locally and elsewhere in particular Corruption, Fraud, Money Laundering, Tax Evasion, Health and Safety breaches, as well as murder, terrorism, drug cartels and the full panoply of the criminal calendar.

Over the past 2 years, Trott & Duncan has appeared in leading constitutional cases in Bermuda, from Government action and legislation to constitutional motions in a relation to the conduct of the DPP and proceedings in a criminal context. From injunctions in constitutional proceedings to costs in constitutional proceedings, Trott & Duncan are the leading firm in Bermuda when it comes to constitutional law. Trott & Duncan’s extensive experience in constitutional proceedings is unparalleled.

Much like constitutional law, Trott & Duncan is a leading public law firm shaping the development of judicial review in Bermuda. Trott & Duncan has been involved in leading judicial review cases, from reviewing the decision of the Labour Disputes Tribunal to remove GEHI from prisoners, to representing the Board of Education in relation to their recommendation to appoint the Commissioner of Education, to suing the Bermuda Police Service for exceeding their authority on arrests, search and seizure. Trott & Duncan has recently utilised judicial review to ensure a substantial commercial transaction that was being held up by regulators and the Government.