Bermuda Process Service: Rules, Laws, and Court Procedures

I. Introduction

Bermuda, a British Overseas Territory located in the North Atlantic Ocean, has a legal system based on English common law. As a self-governing territory, Bermuda has its own unique set of rules, laws, and court procedures for service or process, filing claims, and enforcing judgments. At Undisputed Legal, we have extensive expertise and experience in navigating Bermuda’s legal system and providing reliable Bermuda process service. This comprehensive guide will provide an in-depth look at Bermuda’s process service regulations, highlighting how our team can assist legal professionals, businesses, and individuals with their legal matters in Bermuda. Click here for information on How To Serve Legal Papers Internationally.

II. Bermuda’s Legal System and Court Structure

A. Legal System Bermuda’s legal system is derived from English common law, with local adaptations made through Acts of the Bermuda Parliament. The island’s constitution, the Bermuda Constitution Order 1968, is the supreme law of the territory. The current constitution can be accessed through the Bermuda Laws Online website (http://www.bermudalaws.bm/).

B. Court Structure

1. Magistrates’ Court

• Handles summary criminal cases and civil cases with a value of up to $25,000
• Appeals from the Magistrates’ Court are heard by the Supreme Court

2. Supreme Court

• Has unlimited jurisdiction in civil and criminal matters
• Consists of the Chief Justice and Puisne Judges
• Hears appeals from the Magistrates’ Court and tribunals

3. Court of Appeal

• Highest court in Bermuda
• Hears appeals from the Supreme Court
• Consists of the President and Justices of Appeal

4. Judicial Committee of the Privy Council (UK)

• Final court of appeal for Bermuda
• Hears appeals from the Court of Appeal in certain cases

For more information on Bermuda’s court structure and jurisdiction, visit the Judiciary of Bermuda website ).

III. Commencing Legal Action in Bermuda

A. Jurisdiction: Before commencing legal action in Bermuda, it is essential to determine whether the Bermuda courts have jurisdiction over the matter. The Supreme Court has unlimited jurisdiction in civil and commercial matters, while the Magistrates’ Court has jurisdiction over civil claims with a value of up to $25,000.

B. Filing a Claim

1. Supreme Court

• Claims are initiated by filing a Writ of Summons or Originating Summons
• The Writ of Summons must be served on the defendant within 12 months of issuance
• If the defendant fails to acknowledge service, the plaintiff may apply for judgment in default

2. Magistrates’ Court

• Claims are initiated by filing a Summons
• The Summons must be served on the defendant at least 14 days before the hearing date
• If the defendant fails to appear at the hearing, the magistrate may enter judgment for the plaintiff

The Rules of the Supreme Court 1985 and the Magistrates’ Court Rules govern the procedure for filing claims in Bermuda. These rules can be accessed through the Bermuda Laws Online website. Click here for information on the Code of Civil Procedure in Bermuda.

IV. Service of Process in Bermuda

A. Personal Service: Personal service is the primary method of serving legal documents in Bermuda. A process server, usually a private individual or a law firm employee, hand-delivers the documents to the defendant. Personal service is considered effective when the documents are left with the defendant or, in some cases, with a responsible adult at the defendant’s residence or place of business. Our team of experienced process servers at Undisputed Legal can ensure that your legal documents are properly served in accordance with Bermuda’s laws and regulations.

B. Substituted Service: If personal service is impractical or impossible, the court may grant an order for substituted service. Substituted service allows for alternative methods of serving legal documents, such as:

• Posting the documents at the defendant’s last known address
• Advertising the documents in a local newspaper
• Serving the documents on a family member or agent of the defendant

C. Service Outside Bermuda: When a defendant is located outside Bermuda, the Supreme Court may grant permission to serve the Writ of Summons or Originating Summons outside the jurisdiction. The plaintiff must demonstrate that:

• The case falls within one of the categories specified in the Rules of the Supreme Court 1985
• Bermuda is the proper forum for the action
• The plaintiff has a good arguable case on the merits

Once permission is granted, the documents may be served according to the laws of the country where the defendant is located. If the country is a signatory to the Hague Service Convention, the Convention’s procedures must be followed. More information on the Hague Service Convention can be found on the Hague Conference on Private International Law website (https://www.hcch.net/). Our team at Undisputed Legal has extensive experience in serving legal documents outside of Bermuda and can ensure that the process is carried out in compliance with international laws and treaties.

V. Enforcement of Judgments in Bermuda

A. Domestic Judgments: Judgments issued by Bermuda courts can be enforced through various methods, including:

1. Writ of Execution

• Allows for the seizure and sale of the judgment debtor’s property
• Issued by the Supreme Court and executed by the Provost Marshal General

2. Garnishee Proceedings

• Allows for the attachment of the judgment debtor’s funds held by third parties, such as banks or employers
• Requires a court order

3. Charging Orders

• Allows for the placement of a charge on the judgment debtor’s property, such as real estate or securities
• Requires a court order

B. Foreign Judgments: Bermuda has a dedicated legal framework for the recognition and enforcement of foreign judgments, primarily under the Judgments (Reciprocal Enforcement) Act 1958. This Act allows for the registration and enforcement of judgments from certain designated countries, including the United Kingdom, Ireland, and some Commonwealth nations.

To register a foreign judgment in Bermuda, the judgment creditor must apply to the Supreme Court within 12 months of the judgment date. The application must include a certified copy of the judgment and an affidavit stating that the judgment remains unsatisfied. Once registered, the foreign judgment can be enforced in the same manner as a domestic judgment.

For judgments from countries not covered by the Judgments (Reciprocal Enforcement) Act 1958, the judgment creditor may need to bring a new action in the Bermuda courts based on the foreign judgment.

Real-World Example: In the case of Conyers Dill & Pearman v. Schindler Lifts Ltd. [2015] SC (Bda) 54 Civ, the Supreme Court of Bermuda addressed the enforcement of a foreign judgment from the Dubai International Financial Centre Courts. The Court held that the foreign judgment could be enforced in Bermuda, as the Dubai court had jurisdiction over the defendant, and the judgment was final and conclusive.

VI. Alternative Dispute Resolution in Bermuda

Bermuda encourages the use of alternative dispute resolution (ADR) methods, such as mediation and arbitration, to resolve legal disputes outside of court.

A. Mediation: Mediation is a voluntary process in which a neutral third party (the mediator) assists the disputing parties in reaching a mutually acceptable settlement. Mediation is confidential and can be initiated at any stage of a legal dispute, even before court proceedings have commenced. The Bermuda Mediation and Arbitration Centre ) provides mediation services and information on the mediation process.

B. Arbitration: Arbitration is a more formal ADR process in which a neutral third party (the arbitrator) hears evidence from the disputing parties and renders a binding decision. Bermuda has a modern arbitration law, the Bermuda International Conciliation and Arbitration Act 1993, which governs international commercial arbitrations conducted on the island. The Bermuda International Arbitration Centre ) provides arbitration services and information on the arbitration process in Bermuda.

VII. Conclusion

Navigating Bermuda’s process service rules, laws, and court procedures can be complex, especially for those unfamiliar with the island’s legal system. By understanding the court structure, jurisdictional requirements, and service of process regulations, legal professionals, businesses, and individuals can more effectively pursue legal action and enforce judgments in Bermuda. Click here for information on How The Hague Convention Simplifies International Process Service.

At Undisputed Legal, our team of experienced professionals has a deep understanding of Bermuda’s legal system and a proven track record of successfully serving legal documents, filing claims, and enforcing judgments in Bermuda. We stay abreast of any updates to Bermuda’s legislation and court rules to ensure compliance and minimize potential obstacles in the legal process.

By working with Undisputed Legal and following the guidelines outlined in this comprehensive guide, those involved in legal matters in Bermuda can benefit from our expertise and experience in navigating the island’s process service rules, laws, and court procedures.