London Daily

Focus on the big picture.
Monday, Jul 20, 2026

British attorneys are not above the law, the COI in BVI must be stopped immediately

British attorneys are not above the law, the COI in BVI must be stopped immediately

The Hon AG recently admitted that although a barrister or solicitor appointed by the AG under Section 13 of the COI Act should be admitted to practice law in the Virgin Islands, none of them in fact applied or were admitted to practice law in the BVI either as attorneys or were applied for temporary admission as foreign legal practitioners. What the Honourable AG failed to add is that it is a criminal offence under the Legal Professions Act.
In every civil society the Rule of Law should apply. The rule of law is one of the longest established common law fundamental principles of the governance of the United Kingdom, dating back to the Magna Carta of 1215.

One of the most important tenets of the Rule of Law is that No one is above the law. This principle therefore would apply also to the British lawyers that Attorney General the Honourable Dawn Smith apparently appointed under Section 13 of the Commission of Inquiry Act (“COI”) to act in the COI established under the COI Act on 19th January, 2021.

However, the Hon Attorney recently admitted that although a barrister or solicitor appointed by the AG under Section 13 of the COI Act should be admitted to practice law in the Virgin Islands, none of them in fact applied or were admitted to practice law in the BVI either as attorneys or were applied for temporary admission as foreign legal practitioners.

What the Honourable AG failed to add is that it is a criminal offence under the Legal Professions Act. Section 18.1 of the Act states that:

Subject to this Act, where a person whose name is not registered on the Roll

(a) practices law;
(b) willfully pretends to be a legal practitioner; or
(c) makes use of any name, title or description implying that he or she is entitled to be recognized or to act as a legal practitioner,
he or she commits an offence and is liable on summary conviction to a fine of not less than fifteen thousand dollars or to imprisonment for a term of not less than three years, or both.

(2) A person who, not being entitled to act as a legal practitioner, acts in any respect as a legal practitioner in any action or matter or in any court in the name or through the agency of a legal practitioner entitled so to act, commits an offence and is liable on summary conviction to a fine of not less than ten thousand dollars or to a term of imprisonment of not less than two years, or both.

Based on the admissions of the Honourable AG, it is evident that the lawyers are guilty of unlawful legal practice in contravention of the laws of the Island. The response to such flagrant disregard for the law of the BVI by those who know the law and have sworn to protect it should not be brushed aside because of the status of the offenders. If anything, these individuals should be held to a higher standard than the layman.

The AG’s statement that the lawyers have ‘now applied to be so admitted belatedly’ does not cure the breach of the law and does not address the issues of what consequences should flow from these unlawful actions.

Surely the AG and 3 senior legal practitioners must have known the law and if they did not know I understand that they were notified from as far back as June 14, 2021 of their unlawful practice but unbelievably continue to offend against the law by practicing pending the hearing of their application to be admitted.

Will the Director of Public Prosecution bring charges against the offenders and their employer the AG? Has a complaint been made to the Bar Council against these individuals for unlawfully practicing law in the jurisdiction?

Even local attorneys who have been admitted to the Roll of Attorneys and who practice without a valid practicing certificate are subject to disciplinary proceedings and punishment. Practicing without even being admitted is much serious matter and no doubt is why the legislators have gone so far as to make such action a criminal offence.

I cannot fathom how in the circumstances these lawbreakers who have not as much as apologized for their actions can apply to the Courts to be admitted to practice without any retribution for their actions.

In order for foreign practitioners to make an application to the High Court for admission, the High Court must consider the views of the Bar Council. That view should be that these individuals are not fit and proper persons to be admitted temporarily or otherwise.

We are watching closely to see whether the rule of law will be respected or whether the British is above the law.
Comments

Jupiter 5 year ago
The AG need the COI to cover up her bother’s wrong doing re: BVI Airways case. Her conflict of interest prevents her from applying the rule of law on a committee that is expected not to apply the rule of law on her brother.

Newsletter

Related Articles

0:00
0:00
Close
Jingye Demands Full Compensation After Britain illegally Nationalized British Steel
Brilliant move: Péter Magyar Moves to Nominate Chess Grandmaster Judit Polgár as Hungary’s President
Spain Defeats Argentina in Extra Time to Win Second World Cup
Police Block Cockroach Janta Party’s March to Parliament as Education Protests Intensify
Current AI Seeks to Build an Open Global AI Infrastructure Outside Big Tech Control
Turkey Explores S-400 Transfer to UAE in Bid to Rejoin F-35 Program
Josh Kerr Breaks Twenty-Seven-Year World Mile Record at London Diamond League
Thames Water Crisis Deepens as South East Water Outages Hit Thousands in Kent
EU Ban on Destroying Unsold Clothing Forces British Fashion Brands to Change Operations
UK Government Confirms Existing North Sea Oil and Gas Licences Will Be Honoured
UK Covid Inquiry Finds Nearly Ten Billion Pounds Lost in Pandemic Protective Equipment Procurement
Thames Water Moves Toward Possible Temporary Nationalisation Amid Rescue Plan Dispute
Andy Burnham Cancels One Point Eight Billion Pound Digital ID Programme After Taking Office
UK Government Takes British Steel Into Full Public Ownership to Protect Jobs and Supply Chains
Andy Burnham Becomes UK Prime Minister and Pledges Focus on Living Costs and Public Services
Germany’s Economic Malaise Reopens the Sunday Shopping Debate
Singapore Considers Lower Taxes for Fund Managers as Hong Kong Intensifies Talent Contest
US Retaliates Against Iran After Two American Troops Killed in Jordan
Bank of Asia BVI Enters Court-Supervised Liquidation After Regulators Find It Insolvent
Proposed U.S.-Saudi Nuclear Pact Could Permit Limited Uranium Enrichment Under International Safeguards
Netherlands Declares Water Shortage Emergency After Drought Pushes Rivers to Historic Lows
Why Kentucky Fried Chicken Became KFC—and Why the False Explanations Persist
Iran Claims It Destroyed Bahrain’s Main Artificial Intelligence Center in Missile and Drone Strike
Ukrainian Drones Strike Wildberries Warehouses Deep Inside Russia
Brothers Andrew and Tristan Tate Who Turned "Toxic Masculinity" Into a Brand Arrested in Miami as Britain Seeks Their Extradition
Reported CIA Mission Helped Clear the UAE’s Path to Advanced US AI Chips
Artificial Intelligence Capital Fuels Markets While Governments and Regulators Face Mounting Strategic Tests
China’s Moonshot’s Kimi K3 Narrows the Gap With Anthropic Through Scale, Openness and Lower Cost
Gold and Cash Seizure Puts Indonesia’s Senior Anti-Corruption Prosecutor Under Investigation
The Ledger Will Not Trust on Faith
Bank of England Warns Climate Shocks Could Trigger Sudden Asset Repricing
UK Treasury Places Microsoft, Google, AWS and Oracle Under New Financial Resilience Rules
Scottish Government Faces Pressure Over Delays in Vulnerable Group Background Checks
Crown Prosecution Service Authorises Additional Charges Against Andrew and Tristan Tate
NHS Approves At-Home Cancer Treatments for Rare Blood Disorders
Bank of England Gains Oversight of Major Cloud Providers Supporting UK Financial System
UK Government Plans Major Overhaul of English Local Councils Through New Unitary Authorities
British Steel Nationalisation Dispute Escalates as Chinese Owner Jingye Seeks Compensation
Bank of England Signals Interest Rates Will Stay High as It Warns of Financial Risks From Climate and AI
Trump Administration Pressures Banks to Restrict Financial Access for Undocumented Immigrants
Passenger Bound for Germany Refused to Sit Beside a Woman on a Plane — Then Slapped a Flight Attendant
Ukraine’s Leadership Rift Spills Into the Streets as Protesters Target Army Chief
Ukrainian Drone Barrage Kills Eight and Strikes Russian Logistics Network
Key Trends to Watch
Financial Conduct Authority Warns Cloud and Digital Risks Are Becoming a Financial Priority
Jeffrey Donaldson Appeals Sexual Abuse Conviction as Democratic Unionist Party Opens Review
Welsh Health Authorities Launch Emergency Meningitis Vaccination Programme for Students
Scottish Business Activity Falls for Third Month as Companies Face Rising Costs
Bank of England Regulators Demand Better Access to Digital Banking Services
United Kingdom Cuts Bilateral Aid to Several African Countries by Up to Ninety Per Cent
×