Application of Bermuda’s Bribery Act considered by Bermuda Supreme Court

A surprising bribe

In The Company Lawyer (2020) 41 Issue 4 Francis Tregear QC and Kyle Masters of Carey Olsen Hong Kong (who both worked on the case) consider the Bermuda Supreme Court’s interesting recent decision in X Ltd v Y (No. 70 of 2019) in which Bermuda’s Bribery Act 2016 was considered for the first time. The Bermuda legislation is closely modelled on the UK Bribery Act 2010. In the article they consider the judgment of Kawaley Ag. J which concluded that the application of the Act is much broader than might be expected and that even when parties to an otherwise legally binding contract have no intention to offer or accept a bribe, their otherwise legitimate actions may still constitute an offence under the Act.

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This material was first published by Thomson Reuters trading as Sweet & Maxwell, 5 Canada Square, Canary Wharf, London E15 5AQ in The Company Lawyer as in Issue 4 of 2020 as “Application of Bermuda’s Bribery Act considered by Supreme Court” and is reproduced by agreement with the publishers.