Tort law at Bermuda (BOT)
Tort law in Bermuda, a British Overseas Territory, is rooted in English common law principles and is primarily governed by the Limitation Act 1984. The legal framework is established by the Bermuda Constitution Order 1968 and the Supreme Court Act 1905, which incorporate English common law and equity, as well as Acts of the UK Parliament in force at the time of Bermuda's settlement in 1612 .
🧾 Limitation Periods
Under the Limitation Act 1984, tort claims in Bermuda are subject to a limitation period of six years, commencing from the date the damage occurred. For defamation claims, the limitation period begins on the date of publication .
⚖️ Concurrent Liability in Contract and Tort
In the 2016 case Carlos Medeiros v Island Construction Services Ltd & Bermuda Hospital Board, Chief Justice Kawaley of the Supreme Court of Bermuda affirmed that Bermuda law recognizes concurrent liability in both contract and tort. This decision aligns with the English House of Lords' ruling in Henderson v Merrett Syndicates Ltd (1995), which allows parties to pursue claims for the same harm under both legal theories .
💼 Insurance Disputes
Bermuda's legal system also addresses insurance-related tort claims. For torts committed outside Bermuda, the court applies the "double-actionability" rule, requiring that the tort must be actionable under both the law of Bermuda (lex fori) and the law where the tort occurred (lex loci delicti) .
🏛️ Judicial System
Bermuda's judiciary comprises three levels: the Magistrates' Court, the Supreme Court, and the Court of Appeal. The Supreme Court serves as the primary court of first instance, and its decisions can be appealed to the Court of Appeal. The ultimate appellate authority is the Judicial Committee of the Privy Council in London .
⚖️ Damages and Remedies
In tort cases, Bermuda courts award compensatory damages to restore the plaintiff to the position they would have been in had the tort not occurred. There is no cap on the amount of damages that may be awarded, although parties may agree to limit damages through contract terms. Punitive damages are not available under Bermuda law; however, exemplary damages may be awarded in rare cases if the defendant's conduct is deemed particularly egregious .
📚 Notable Case
Williams v The Bermuda Hospitals Board (2013): In this case, the Supreme Court found that the Bermuda Hospitals Board breached its duty of care to the plaintiff, Kamal Williams, resulting in unnecessary pain and discomfort. The court awarded damages to compensate for the harm suffered .
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