London Daily

Focus on the big picture.
Monday, Aug 17, 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
Sarah Ferguson Reportedly Retreats to Late Ex-Boyfriend's Swiss Chalet
Cristiano Ronaldo and Georgina Rodríguez Sign Prenup Protecting Their Separate Fortunes
Thieves Steal Antonello da Messina Renaissance Masterpieces From Sicilian Museum
Better.com Founder Who Fired 900 Employees on Zoom Is Ousted as CEO
Italian Speed Camera Issues Nearly 32,000 Fines in 10 Weeks, Worth More Than €3 Million
AI Manager at San Francisco Store Recommends Firing Human Employee
Google Launches Pixel 11 With Gemini AI at the Center of Its Hardware Strategy
Campaigners Press Government to Strengthen Rights for Four Million Gig Workers
Government Considers Higher Private Rents to Spread Asylum Accommodation Across UK
UK Moves to Protect Historic Pubs From Conversion Into Housing and Offices
Nigel Farage Wins Clacton By-Election to Return to House of Commons
British Manufacturers Report Rising Cybersecurity Threats Across Industrial Supply Chains
Royal Navy Increases Monitoring of Russian Ships in UK Waters by 25 Percent
England Adds More Than 350 Medical Training Posts to Strengthen NHS Capacity
NHS Waiting Lists Over 52 Weeks Rise by More Than 11,000 Patients
Brent Crude Near $88 Raises Fresh UK Energy Cost Concerns
UK Treasury Warns Prolonged Strait of Hormuz Disruption Could Cut 2027 Growth to 0.3 Percent
UK Economy Grows 0.4 Percent in Second Quarter as Energy and Inflation Risks Persist
UK Heatwave Triggers Emergency Alert as Government Unveils £65 Million Farm Support Package
Reform UK Unveils Plan to Cut Welfare Spending by More Than £50 Billion a Year
Prime Minister Andy Burnham Praised Extinction Rebellion for Doing a 'Great Service'
UK Wildfire Phone Alert Triggers Backlash as Users Switch Off Emergency Warnings
Heathrow Roads Reopen After Burst Water Main Floods Access to Terminals 2 and 3
Former NBA Players Enes Kanter Freedom and Royce White Say They Will Enter 2027 WNBA Draft
Former Cambridge Professor Jason Arday Found Dead Days After Resigning Amid Plagiarism Row
US Appeals Court Rules AI Agent's Website Actions Are Legally Attributed to the User
France's Constitutional Council Blocks Social Media Ban for Children Under 15
Liechtenstein Changes Royal Succession Rules to Allow Women to Inherit the Throne
Women Allege Rape and Sexual Abuse at British Army College for Teenage Recruits
Minnesota: Two independent investigators posed as Muslims (one wearing a burqa) and showed how they could vote in elections without identification.
UK Prime Minister Andy Burnham Takes Regional Tour to Highlight Local Infrastructure and Environmental Problems
Nigel Farage Wins Clacton By-Election to Return to the House of Commons
Bank of England Warns Rising Inflation Could Squeeze UK Household Incomes
UK Government Announces £65 Million Aid Package for Farmers Hit by Severe Drought
UK Economy Grows 0.4% in Second Quarter Despite Energy Market Pressures
UK Issues Emergency Alert as Severe Wildfires Spread Across England and Wales
UK and Finland Discuss European Defence and Continued Support for Ukraine
Nigel Farage Wins Clacton By-Election to Return to the House of Commons
UK Government Deploys Military to Help Fight Wildfires and Bans Disposable Barbecues
UK Records Hottest Day of the Year as Fifth Summer Heatwave Peaks in Southern England
UK Condemns Houthi Actions and Warns of Red Sea Threat to Global Trade
UK and Solomon Islands Open Wildlife Photography Exhibition in Honiara
UK Small Businesses Face Continued Cash Flow and Tax Pressures
Greatham Marsh Restoration Restores Tidal Wetland in Hartlepool After More Than 200 Years
UK Health Regulator Urges University Students to Check Meningitis and Measles Vaccination Status
Mining Remediation Authority Completes Major Ground Stabilization Works in Scottish Community
UK Food Crime Investigators Seize 33 Tonnes of Illegal Food in Multi-Agency Operation
Technical Qualification Uptake Hits Record High as Advanced Mathematics Results Improve
UK Summer Temperatures on Course to Challenge Long-Standing Records, Met Office Says
UK Farmers Bring Forward Cereal Harvests as Drought Threatens Yields
×