In Hon Sir John W Swan v Bermuda Management Holdings Limited [2026] SC (Bda) 72 Civ, the Supreme Court of Bermuda refused an application to strike out a section 111 minority shareholder oppression petition. The Court held that standard corporate bye-law exoneration and indemnity clauses are arguable matters for trial and do not operate as an absolute interlocutory defence to statutory oppression claims.
- Practice Impact: Minority shareholders in Bermuda vehicles can pursue statutory oppression remedies notwithstanding broad director exculpation clauses in constitutional documents.
- Source: Review the judgment summary at Bermuda Law Reports (Judgment SC (Bda) 72 Civ).
Bermuda (Supreme Court): Bye-Law Indemnities No Bar to Statutory Oppression Claims (Swan v BMHL)