London Daily

Focus on the big picture.
Monday, Oct 05, 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
BT Accused of Pressuring Vulnerable Customers During Digital Landline Shift
British Carmakers Warn of Growing Pressure From EU-China Tariff Dispute
Green Party of England and Wales Adopts Motion Defining Zionism as Racism
Medical Charity Threatens NHS Legal Action Over Two-Year Autism and ADHD Assessment Waits
British Transport Police Report Record Rise in Violence on Railways
Glasgow Council Workers Face Pay Cuts Under Fire-and-Rehire Plan
British Medical Groups Press Prime Minister Andy Burnham to Cancel £330 Million Palantir NHS Contract
UK Faces Record Bluetongue Outbreak Across Livestock Farms
UK Schools Report Thousands of Child-on-Child Sexual Offences
High Court Overturns Ban Blocking Gaza Families From Reuniting With Relatives in UK
G7 Authorizes Emergency Fuel Release as UK Diesel Prices Hit £2 a Litre
France and Italy Draw 1-1 in Nations League Match
Pope Leo XIV and Prince Albert II of Monaco Meet in Metz
SNCF Expands Low-Cost Ouigo High-Speed Service Between Lyon and Bordeaux
Paris Expands Dedicated Cargo Bike Routes for Urban Deliveries
French Film Industry Pushes for Tighter Streaming Investment Rules
Marseille Court Hands Down Prison Terms in Public Procurement Corruption Case
LVMH and Kering Rely on US Demand as Chinese Luxury Spending Slows
Toulouse Aerospace Sector Launches €80 Million Modernization Fund
Javier Milei Courts French Investment in LNG and Lithium
Mistral AI Launches Sovereign Model for European Public Services
French Competition Authority Fines Retailers €40 Million Over Misleading Promotions
France Records Exceptional Electricity Exports as Nuclear Output Recovers
Dassault Aviation Expands Rafale Assembly Capacity at Mérignac
Sanofi Invests €1 Billion in New Biologics Production Hub Near Lyon
France Protests Germany’s Extension of Border Controls Into 2027
French Public-Sector and Transport Unions Threaten National Strike
France Deploys Riot Police After Violence in Lyon Suburbs
French Anti-Terrorism Prosecutors Investigate Radicalized Flydubai Co-Pilot
France’s Defense Budget Surpasses NATO’s 2% of GDP Target
French Government Faces No-Confidence Threat Over Budget
France and G7 Release 100 Million Barrels From Strategic Oil Reserves
France Convenes Emergency Defense Council Over Threats to Commercial Shipping
France and Germany Coordinate Military Response After Russian Strikes on Kyiv Infrastructure
UK Police Release Six Iranian Nationals on Bail After RAF Fairford Security Alert
UK Business Confidence Falls as Energy Costs and Tax Uncertainty Rise
Cornwall Insight Warns UK Energy Bills Could Rise 16% in January
UK Introduces Zero VAT on Household Electricity Bills
UK 30-Year Gilt Yield Hits 6% as Bond Market Pressures Intensify
UK Introduces Stricter Subcontractor Checks and Expanded Trade Union Access
Green Party Proposes Three-Year Emergency Freeze on Private Rent Increases
UK Treasury Committee Seeks Tax Clarification Over Manchester City Investigation
Royal Marines Deploy to Faroe Islands for Northern European Security Exercise
UK Business Confidence Weakens as High Costs Delay Investment
UK GDP Growth Revised Up to 0.5% in Second Quarter
Bank of England Warns of Financial Stability Risks From Autonomous AI
UK Expands Early Prisoner Release Scheme to Ease Overcrowding
UK Records Worst Bluetongue Outbreak on Record Across Livestock Farms
UK Government Faces Shrinking Fiscal Headroom Ahead of October 28 Budget
UK 30-Year Gilt Yield Reaches 6% as Energy Shock Drives Borrowing Costs Higher
×