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• adunch@mjm.bm

Significant Cases

Alan has been involved in a significant number of cases reported in the Bermuda Law Reports. Cases of note include:

Privy Council

• Burgess and others v Stevedoring Services Ltd (labour relations – collective bargaining agreements)
• Bermuda Cablevision Ltd. v Colica Trust Co. Ltd. (minority shareholders dispute – oppressive conduct petition)
• Barber (planning – powers of the minister)

Court of Appeal

• Dunkley v Bean (defamation – damages – fair comment)
• Terceira and others v Terceira (proprietary estoppel)
• Shorter v R; Archibald v R; Archibald v R (murder)
• Madeiros and others v the Minister of the Environment and the Minister of Works and Housing (planning)
• Froomkin v R (contempt of court)
• Pink Beach Limited v Minister of Labour and Home Affairs (labour relations – judicial review)
• Caliban Holding Ltd v Thomas (insurance)
• Burgess and others v Stevedoring Services Limited (labour relations)
• Chiang and Pacific Challenge Holdings Ltd v Kistefos Investment AS (oppressive conduct petition)
• Minister of Environment v Bermuda National Trust (planning)
• Bermuda Industrial Union v BAS-Serco Limited (labour relations – right to certify)

Supreme Court

• Corporation of Hamilton v Minister of Home Affairs (judicial review – adjudication of public law issues when there is no continuing dispute)
• Corporation of Hamilton v Attorney-General and others (Corporation of Hamilton’s property rights – whether amendments to Municipalities Act were unconstitutional)
• Furbert v Commissioner of Police and Dill (judicial review – disciplinary offences within the police)
• Buchanan v Lawrence (breach of contract – arbitration clause – stay – indemnity costs)
• Mailboxes Unlimited Ltd v Collector of Customs (import duty exemption – Crown Proceedings)
• Furbert v Commissioner of Police and the Head of the Civil Service (employment – gross misconduct – delay – whether fair hearing possible)
• The Allied Trust and Allied Development Partners Ltd v Attorney General and Minister for Home Affairs (constitutional law – strikeout – alternative remedies)
• Whiting v Torus Insurance (Bermuda) Ltd. (employment – termination – garden leave – wrongful dismissal)
• De Torquat and Barzini v Aegean Services Limited (application for summary judgment – claim for money due – mutual fund)
• Fifth Street Finance Corp v Dobbin (guarantee – exclusion clauses)
• Grayken v Grayken (breach of contract – agreement incident to divorce)
• Re Elcome Trust (review of taxation of costs – allowance for attorney’s time)
• Warwick Hotel Co Ltd v Bermuda Gas & Utility Co Ltd and Roberts (negligence)
• Pearman v Pitt & Co. and Daniels (road traffic accident)
• Stena Finance BV and Temple Holdings Ltd v Sea Containers Ltd and others (company law)
• Bermuda Forwarders Limited v Bermuda Industrial Union (trade union and trade disputes)
• Re CTRAK Ltd., TBL Ltd., Telecheck Holdings Ltd., Televest Ltd., and Compuguide Ltd. (opposition to winding up petition)
• Barber v Minister of the Environment and Scarborough Property Holdings Ltd. (planning)
• Ambassador Insurance Company (in liquidation) v Kempe and Hamilton (The Joint Liquidators of Mentor Insurance Limited)(insolvency – appeal of creditor against rejection of claim)
• Re Bermuda Cablevision Ltd and Re Colica Trust Company Ltd. (company)
• Hall v Hubbard and Boden and Ryan (costs)
• Stevedoring Services Ltd v Simmons (on behalf of the members of the Port workers Division of the Bermuda Industrial Union) (employment)
• Cable & Wireless Bermuda Ltd v Minister of Telecommunications & E-Commerce; TeleBermuda International Limited v Minister of Telecommunications and E-Commerce (declaratory relief)
• Telebermuda International Ltd and others v Minister of Telecommunications and E-Commerce (public telecommunications license)
• Minister of Telecommunications and E-Commerce v Bermuda Cablevision Ltd (ex parte application principles)
• Bermuda National Trust v Minister of the Environment and others (planning appeal)
• BAS Serco Limited v The Bermuda Industrial Union (collective bargaining agreement)

Alan’s full biography can be viewed here.