
Instead of touching on incidents that have actually happened, this latest edition of Tales From The Courts focuses on a developing international scandal that may involve the Barbados courts.
In the last month, the financial world has been rocked by evidence of LIBOR fixing by Barclays Bank. LIBOR is the London Inter Bank Offered Rate. The scandal in the making has led to the resignation of both the UK chairman and the UK chief executive of Barclays Bank and the setting up of a parliamentary enquiry in the UK involving, not just of Barclays, but of all banks. Last week Barclays was fined £290 million for LIBOR rigging.
This, however, is not just a UK problem, but an international one. There are ongoing investigations in the USA – to which the Barbados economy is pegged and in the UK and there is every likelihood of criminal prosecutions for certain people and massive fines resulting.
The scandal now has taken a turn and involved Canada and the Canadian courts, where the Royal Bank of Scotland is seeking to have a court order for the discovery of documents and evidence from a senior judge set aside on the basis that it breaches the Canadian Constitution (in Canada) and the Data Protection Act 2000 (in the United Kingdom). It is doubtful if this legal tactic on the part of Royal Bank of Scotland will succeed, given that all the other banks subjected to the Canadian court order are complying.
Among the banks (apart from Royal Bank of Scotland) complying with the Canadian court order are HSBC, Citigroup, Deutsche Bank, JP Morgan and UBS. Here us the report in the Sunday Telegraph.
So, you may ask, how does that affect the Barbados courts?
The time-frame of the matter giving rise to the acts now being investigated occurred roughly in the period 2005 to 2008. The Barbados real estate and investment market will recall how, during this period and afterwards, business boomed with all these bankers and traders coming to Barbados, their multi-million dollar bonuses in hand, to invest these in the purchase of houses/properties in Barbados, either personally or through private corporations.
Now, it looks as if there is every likelihood the Barbados courts will be swamped as lawyers from overseas try to collect on court-ordered fines against properties in Barbados and other overseas lawyers try to resist. These overseas lawyers, unless they have right of audience before the Barbados courts, will have to operate through local counsel and local counsel must be rubbing their hands with glee at the thought of this windfall to their coffers.
All this would be okay except for one little problem. It is that the eyes of the legal and financial and governmental world will be firmly fixed on Barbados and its judicial system. With every one of the myriad flaws in the Barbados Judicial System that is exposed Barbados will lose more foreign capital and its reputation belittled if such is possible.
But the LIBOR cheats will be happy. After all, a person likes to think they have a luxurious and sunny place to recover after a spell in prison.
BU calls, AGAIN, for the resignations or dismissals of Registrar Marva Clarke and Master Keith Roberts. They are completely incompetent and our tax dollars should NOT be expended to pay them salaries or pensions.
Email Received: In 2005 my brother was wrongfully (mistaken identity) taken by marshals to Harrisons Point (the prison) and held for approx 5 hours. He won the case against the AG and was awarded approx. $50,000.00. His attorney was also later awarded $26,000.00+ by the Registrar for fees.
His attorney informed me (he lives in NYC) prior to the Judge’s ruling that my brother would receive all the money awarded to him. by Govt. and they would also pay his (atty) fees. However, in 2011 a cheque was paid to the attorney by the AG’s office on account of this settlement and to date my brother has received less than half of the money paid by the Govt. because (1) the attorney’s fee was more than half the award and (2) the attorney took his fees from the money the Govt. paid him.
I have been reliably informed that Govt. financial rules state that money is paid to the attorney ON PRESENTATION OF WRITTEN PERMISSION FROM THE BENEFICIARY AND HIS/HER ORIGINAL ID. My brother never gave that permission. Now the Govt. is not releasing the attorneys fee so my brother can be paid in full. He has written the AG the SG the CJ and the PM without success and the AG’s office says it is being investigated. Guess what, one of the attorney’s partners has a King in the PM’s office!!! so maybe that’s why he was able to have the money paid to him. Anyway, elections coming up!





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