Starting next month, OffshoreAlert will start publishing copies of all publicly-available writs of summons and other originating processes filed at Bermuda Supreme Court.
We are able to do so following a “Practice Direction” entitled “Access to Court Records in Civil Cases” issued by Bermuda’s Chief Justice, Ian Kawaley, on November 12th.
“With effect from 1st December 2015 members of the public will be entitled in civil cases, as they have been for many years in England & Wales, BVI and Cayman, amongst other common law jurisdictions, to apply without leave, on payment of the requisite fee, for copies of (a) originating process, and (b) judgments and orders in civil and commercial matters …,” it was stated in the Practice Direction. Current fees are $25 to conduct a search, $10 to inspect a file, and 50 cents per page for photocopying.
Some categories cases will not become publicly-available, including those concerning divorces, children, arbitration proceedings, “applications for directions in relation to trusts”, “the administration of the estates of deceased persons”, and other cases where the court has ordered that public access be restricted.
The Practice Direction implements a Supreme Court Rule – Order 63 Rule (4) (a) – that has existed for many years but was not effected “because of the view that it was inconsistent with the provisions of the Supreme Court (Records) Act 1955,” stated the Chief Justice. He noted that the situation concerning public access to court records was “clarified” by the Supreme Court on July 24th, 2015 in an action brought by Bermuda Press Holdings Ltd., which, inter alia, publishes The Royal Gazette newspaper, against the Registrar of the Supreme Court.
OffshoreAlert has published basic details of civil cases at Bermuda Supreme Court for many years, such as the names of plaintiffs, defendants and dates that actions were filed. That was all that’s been available. Following this new Practice Direction from the Chief Justice, we will soon start publishing copies of the writs and other originating processes filed at the court, as we have done regarding courts in the British Virgin Islands and the Cayman Islands since 2011.
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