This article is the second of a three-part series analysing the decision of Justice Martin in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ – the first “fair value” appraisal claim under section 106...more
7/16/2025
/ Appraisal ,
Bermuda ,
Board of Directors ,
Breach of Duty ,
Companies Act ,
Compliance ,
Corporate Counsel ,
Corporate Governance ,
Directors ,
Due Diligence ,
Fiduciary Duty ,
Mergers ,
Shareholders ,
Valuation
On 4 February 2025, Martin J handed down judgment in Glendina Pty Limited & Ors v NKWE Platinum Ltd (2025) SC (Bda) 15 Civ. It is the first “fair value” appraisal claim on a merger or amalgamation under the Companies Act 1981...more
3/4/2025
/ Appraisal ,
Bermuda ,
Cayman Islands ,
Companies Act ,
Corporate Governance ,
Dispute Resolution ,
Fair Value Standard ,
Fiduciary Duty ,
Independent Directors ,
Mergers ,
Shareholder Litigation ,
Shareholders ,
Valuation ,
Valuation Experts
While those running companies may be aware of the numerous management and accounting breaches that can give rise to civil liability, there is generally less recognition of the possibility that breaches can also give rise to...more
3/26/2024
/ Bermuda ,
Board of Directors ,
Breach of Duty ,
BVI Business Companies ,
Civil Liability ,
Companies Act ,
Corporate Governance ,
Corporate Officers ,
Criminal Liability ,
D&O Insurance ,
Indemnification ,
Insurance Acts ,
Legislative Agendas
On 12 November 2021, the Supreme Court of Bermuda issued its written judgment in NKWE Platinum Limited v (1) Glendina Pty Limited and Ors (2) Genorah Resources (Pty) Limited. The Court’s ruling both provides helpful...more