Mello Jones & Martin · Barristers and Attorneys

Portrait of Alan W. Dunch, J.P.,

Alan W. Dunch, J.P., Partner

Areas of Practice

Alan Dunch is the partner responsible for the firm’s litigation practice group. With over 27 years experience, he has developed specialized skills and expertise in the areas of labour and employment disputes, telecommunications and regulatory law, planning law, hospitality law, corporate and commercial litigation and insurance litigation.

Professional Experience

Mr. Dunch commenced his practice of law with Appleby Spurling & Kempe and rose steadily through the ranks to become head of litigation before leaving in 1996 to join Mello Jones & Martin as partner responsible for the firm’s litigation practice. Throughout the course of his career, he has appeared regularly before the Courts of Bermuda at every level and in the Privy Council. Mr. Dunch also has extensive arbitration and overseas jurisdiction experience. He provides business, labour and general advice to our clients both locally and overseas, sits on a number of Boards of Directors and also involves himself in private client advisory and trust work.

Representative cases with interest 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

    • 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

    • 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 Portworkers 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)

Professional Activities

  • Bermuda Bar Association, Canadian Bar Association, International Bar Association
  • Defense Research Institute
  • Fellow of the Congress for International Legal Studies
  • International Association of Defence Counsel
  • Mid Ocean Club, Riddell’s Bay Golf & Country Club, Belmont Hills Golf Club, Royal Bermuda Yacht Club, Coral Beach & Tennis Club

Bar and Court Admissions

Mr. Dunch has been a Member of the Canadian Bar Association since 1979 having originally been called to the Bar of the Canadian Province of New Brunswick. He has been a Member of the Bermuda Bar since 1979.

Qualifications

  • Justice of the Peace, Notary Public and Commissioner of Oaths

Education

  • Bachelor of Laws Degree, University of New Brunswick (New Brunswick, Canada), 1979
  • Bachelor of Arts Degree (Hons.) in Economics, Mount Allison University (New Brunswick, Canada), 1976
  • Bachelor of Commerce Degree in Accounting, Mount Allison University (New Brunswick, Canada), 1975

Honours and Awards

  • Bermuda National Trust Honorary Life Membership, 1989
  • Bermuda Jaycees Outstanding Young Person, 1985
  • Appleby Spurling & Kempe Scholar, 1976 - 1979
  • Bermuda Scholar, 1972 - 1976