London Daily

Focus on the big picture.
Tuesday, Dec 09, 2025

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 4 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
UK Warns of Escalating Cyber Assault Linked to Putin’s State-Backed Operations
UK Consumer Spending Falters in November as Households Hold Back Ahead of Budget
UK Orders Fresh Review of Prince Harry’s Security Status After Formal Request
U.S. Authorises Nvidia to Sell H200 AI Chips to China Under Security Controls
Trump in Direct Assault: European Leaders Are Weak, Immigration a Disaster. Russia Is Strong and Big — and Will Win
"App recommendation" or disguised advertisement? ChatGPT Premium users are furious
"The Great Filtering": Australia Blocks Hundreds of Thousands of Minors From Social Networks
Mark Zuckerberg Pulls Back From Metaverse After $70 Billion Loss as Meta Shifts Priorities to AI
Nvidia CEO Says U.S. Data-Center Builds Take Years while China ‘Builds a Hospital in a Weekend’
Indian Airports in Turmoil as IndiGo Cancels Over a Thousand Flights, Stranding Thousands
Hollywood Industry on Edge as Netflix Secures Near-$60 Bln Loan for Warner Bros Takeover
Drugs and Assassinations: The Connection Between the Italian Mafia and Football Ultras
Hollywood megadeal: Netflix acquires Warner Bros. Discovery for 83 billion dollars
The Disregard for a Europe ‘in Danger of Erasure,’ the Shift Toward Russia: Trump’s Strategic Policy Document
Two and a Half Weeks After the Major Outage: A Cloudflare Malfunction Brings Down Multiple Sites
UK data-regulator demands urgent clarity on racial bias in police facial-recognition systems
Labour Uses Biscuits to Explain UK Debt — MPs Lean Into Social Media to Reach New Audiences
German President Lays Wreath at Coventry as UK-Germany Reaffirm Unity Against Russia’s Threat
UK Inquiry Finds Putin ‘Morally Responsible’ for 2018 Novichok Death — London Imposes Broad Sanctions on GRU
India backs down on plan to mandate government “Sanchar Saathi” app on all smartphones
King Charles Welcomes German President Steinmeier to UK in First State Visit by Berlin in 27 Years
UK Plans Major Cutback to Jury Trials as Crown Court Backlog Nears 80,000
UK Government to Significantly Limit Jury Trials in England and Wales
U.S. and U.K. Seal Drug-Pricing Deal: Britain Agrees to Pay More, U.S. Lifts Tariffs
UK Postpones Decision Yet Again on China’s Proposed Mega-Embassy in London
Head of UK Budget Watchdog Resigns After Premature Leak of Reeves’ Budget Report
Car-sharing giant Zipcar to exit UK market by end of 2025
Reports of Widespread Drone Deployment Raise Privacy and Security Questions in the UK
UK Signals Security Concerns Over China While Pursuing Stronger Trade Links
Google warns of AI “irrationality” just as Gemini 3 launch rattles markets
Top Consultancies Freeze Starting Salaries as AI Threatens ‘Pyramid’ Model
Macron Says Washington Pressuring EU to Delay Enforcement of Digital-Regulation Probes Against Meta, TikTok and X
UK’s DragonFire Laser Downs High-Speed Drones as £316m Deal Speeds Naval Deployment
UK Chancellor Rejects Claims She Misled Public on Fiscal Outlook Ahead of Budget
Starmer Defends Autumn Budget as Finance Chief Faces Accusations of Misleading Public Finances
EU Firms Struggle with 3,000-Hour Paperwork Load — While Automakers Fear De Facto 2030 Petrol Car Ban
White House launches ‘Hall of Shame’ site to publicly condemn media outlets for alleged bias
UK Budget’s New EV Mileage Tax Undercuts Case for Plug-In Hybrids
UK Government Launches National Inquiry into ‘Grooming Gangs’ After US Warning and Rising Public Outcry
Taylor Swift Extends U.K. Chart Reign as ‘The Fate of Ophelia’ Hits Six Weeks at No. 1
250 Still Missing in the Massive Fire, 94 Killed. One Day After the Disaster: Survivor Rescued on the 16th Floor
Trump: National Guard Soldier Who Was Shot in Washington Has Died; Second Soldier Fighting for His Life
UK Chancellor Reeves Defends Tax Rises as Essential to Reduce Child Poverty and Stabilise Public Finances
No Evidence Found for Claim That UK Schools Are Shifting to Teaching American English
European Powers Urge Israel to Halt West Bank Settler Violence Amid Surge in Attacks
"I Would Have Given Her a Kidney": She Lent Bezos’s Ex-Wife $1,000 — and Received Millions in Return
European States Approve First-ever Military-Grade Surveillance Network via ESA
UK to Slash Key Pension Tax Perk, Targeting High Earners Under New Budget
UK Government Announces £150 Annual Cut to Household Energy Bills Through Levy Reforms
UK Court Hears Challenge to Ban on Palestine Action as Critics Decry Heavy-Handed Measures
×