The Philip Nicholls Story – The Perils of a Legal Partnership
As my troubles at Cottle Catford resulted from the failure of my former partners to honour their agreement, the toll on me was only too evident to my close friends. Several of them, especially those who were not attorneys , were incredulous as to what was transpiring in our legal system, as no one doubted…
As my troubles at Cottle Catford resulted from the failure of my former partners to honour their agreement, the toll on me was only too evident to my close friends. Several of them, especially those who were not attorneys , were incredulous as to what was transpiring in our legal system, as no one doubted that money was owed. However it was my friend Yvette Lemonias Seale who first said to me “Philip I hope you are chronicling these happenings to write about them.”
These are the opening lines of the book titled More Binding Than Marriage by Philip Nicholls. Posting this blog is not an attempt to win sales for Philip Nicholls who has had to suffer shame since his charge, it is about being fair. BU’s single purpose is the pursuit of truth!
171 responses to “The Philip Nicholls Story – The Perils of a Legal Partnership”
NorthernObserver
Phillip’s mental state may well have deteriorated. I have seen greater persons than he succumb to public derision, for we are human.
I was merely observing that for someone whose stated intent was ‘not to malign’, you had done a reasonably good job at maligning?
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Big stupse
@Northern…oh dear are we now comparing his mind to that of great men? I’ve never seen any ‘great’ mind handed the most prestigious law firm in the Caribbean on a silver platter that imploded within 10 years. I’ll look for that comparison of ‘great’ on google and get back with you.
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NorthernObserver
You seem to be challenged by English?
“greater person than he” does not say he is/was a great person; rather I have seen persons superior to him. The intent is any of us can become mentally less than before when subjected to negative public scrutiny, whether deserved or not. Hence, if he has ‘lost his mind’ I would not challenge you.
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Big stupse
@Northern. ..good, at least we agree on something. 😊😂😂. If I’m really bored or need some comic relief with the musings of a madman, I may consider a copy of the “more binding than a marriage”. 😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂😂
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NorthernObserver
LOL…WE haven’t agreed on anything….rather, I have no proof to challenge your assertion that he has lost his mind.
However, the exchange began on the topic you have deftly avoided….that for someone whose stated intent was ‘not to malign’, you had done a reasonably good job at maligning?
At the very least, you are clearly opinionated, for you continued “handed the most prestigious law firm in the Caribbean on a silver platter that imploded within 10 years”
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Big stupse
@Northern. ..how have I maligned him? Which fact have I stated that you or he can disprove in order to prove defamation? This should be interesting. He likes to walk about threatening to sue alot, but I welcome any suit you or he may want to bring, because I may have a counter-suit of my own. Be well now.
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NorthernObserver
I flew the coop 30+ years ago. Recall I posted part of the Preface and forward. I am not going to defend or convict him. Appreciate malign = speak about (someone) in a spitefully critical manner.
If you reread your postings you have clearly been critical?
Who said anything about defamation or suing?
Obviously you have an axe to grind with him for whatever reason. That is your business with him. I am not his protector.
Why the back and forth? If Nicholls is mad and has defamed he will be sued not so? We wait.
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Big stupse
@Northern. …look bwoy, I’m not impressed by neither your use or misuse of the English language. Maligning someone’s reputation means uttering injuriously misleading or false reports about them. You are talking all over you face, but can’t see to point to one single instance where my facts were misleading or false. If you interested in using this word correctly or looking for examples for malignant you could always refer to George Payne v. Edmund Hinkson. Hinkson who is Philip’s best friend and Philip are in the practice of maligning people. Ask them bout maligning, not ra$@ul me. Now carrry ya c*@t
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Bush Tea
@ NorthernObserver
Excellent work there Mr Public prosecutor.
You have clearly and methodically established for the jury, the big stupse’s clear bias and illogical arguments.
Now Bushie GOTTA get that book…..
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Well Well & Consequences
The Bushman…..I swear, if this book was not causing so much rah rah, I would not have bothered, but since it appears to be pointing fingers left and right, not only is my copy ordered and on it’s way, but am promoting the book…..for free. Lol
This is the best thing that could have happened for Barbados since I don’t know when. 2016 is shaping up to be a beautiful year.
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Just saying
Nicholls strikes you as a believable guy that said the vast numbers of lawyers who steal, are caught stealing or are suspected of stealing makes one tread with caution.
Big Stupse
Careful coming here and pretending to be what you are not.I agree with Northern.You are guilty of back stabbing.Besides,your grasp of English grammar is pretentious to say the least.Now go bag your head.
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Big stupse
@Gabriel…I’m not the author, nor would I pretend to be.
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Amused
@David. Not necessarily so on suing. Not at all. No point in suing unless you think that your reputation needs to be exonerated. Then, you have to consider costs – is it worth it? Then what is the likely quantum of damages – if it is 2 cents, why bother. Some times it is best to simply consider the source and react accordingly – in other words, not at all. But most importantly of all is can the person you sue pay your costs and damages awards? If not, then best to just not bother. I would point out that this is precisely why no one has bothered to sue Big Chief S*itting Bull aka Angela Cole and why it is likely that no one will bother to sue Nicholls.
And then there is the limitations period on such an action. Under Section 29 of the Act, that is set at three years – so if the publication causes ascribable damage within three years, then an action can be brought.
But man, I near dead with the laugh when Nicholls described not being able to get in the small police car cause of he back and not cause of his over-abundant avoid du pois.
I have done a little digging and believe that I may be able to bring a whole new aspect to this Cottle Catford thing within the next several days. We will see.
@Big stupse. I continue to say that you are right!!!! But that will be proved in time.
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NorthernObserver
@David
pure amusement when I am in time zones 4hrs removed with nothing better to do.
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Big stupse
@Amused…..at least you know. There is another side of him that must be told as well. He is a decent fella and a great dad to his 3 children!
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John
avoid du pois!!!!
You stupide woman!!
Do you not know ow to speak ze French?
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Jeff Cumberbatch
Amused…you do not need to prove damage in a defamation action in Barbados except in a number of instances not applicable here. Damage will be presumed since the tort is actionable per se!
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Jeff Cumberbatch
And it is actually AVOIRDUPOIS -one word!
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de Ingrunt Word
Addai, so BIM gets its first real ‘insider exposé ‘ tome of the legal ‘mafia’ in Barbados.
If Phillip Nicholls has stepped onto the public stage with this book it is absolutely fair to question his quote, unquote bona-fides without disparaging or denigrating him or indeed the veracity of his word.
One should be able to ask valid questions of the author…: Wasn’t Mr Nicholls a privileged son to move into a such a position of (I presume) managing partner of a prestigious, long-lived, gilt-edged law firm?
Why would such a learned young-man not be cognizant of the legal pit-falls of his partnership arrangement to become hoodwinked by those around him… a young-man who also had such a pedigreed father from whom to seek advice (conflicts not withstanding).
Did Mr Nicholls, of long established cricket , Pickwick and old-school ties, not enjoy the fruits of his legal and other associations for many years before things turned ugly?
For sure, his story is as compelling as they come – he is one of a class of some of our brightest and best …But he cannot expect a free pass.
I am sure he contributed SIGNIFICANTLY to his own downfall and I am as sure that this story would have remained secret had he not fallen as hard as he did…
I am glad the story has been told and I praise the author’s courage to write it but frankly I also question his true motives….but heh that never stopped a great story before so no reason to stop one now.
If he writes this as well and brightly as the eulogy he composed for his schoolmate then it will be a very good read.
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Jeff Cumberbatch
DIW, you too are of the old IDF school, aren’t you?
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de Ingrunt Word
Of Jeff, one could simply say ‘ fat’ or ‘ tooo much weight’. It was too PC even for auto correct…thus auto correct completely dissed that so effete word! LOL.
Apologies to all those who carry extra ‘avoirdupios’ and feel badly done by my stark remarks..no mal-intent meant!
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de Ingrunt Word
Oh dear Jeff, you have unmasked my absolute ignorance to BU.. I imagine I should know so painfully I must ask: what is IDF?
We all know he has a gimpy leg. His discomfort sitting at the back of the vehicle was not because of his avoirdupois.
On 5 February 2016 at 21:49, Barbados Underground wrote:
>
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Jeff Cumberbatch
@DIW
On the crest…below the three cups and the two lions rampant!
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John
It is three words, to have, avoir, of the, du and poids, weight, literally to have weight, like avoir faim, to have hunger or to be hungry!!
…. even, avoir tort, to have wrong or to be wrong.
Somebody at Wiki needs to see Miss Alleyne!!
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de Ingrunt Word
@ Jeff,,,,LOL…. Now you know I definitely ain’t.
Ooh lawd…it seems I misrepresented at some point, so I retract whatever it was ….My peeps would draw and quarter me if I claimed your alma mater.
Besides, Dr GP already lambasted my backside that I am too deficient to have worn that crest on the breast pocket of my blazer… LOLLL
In the context only of the ‘6 degrees of Separation’ Nicholls and I would know each other well…yet I am in NO way a friend or even ever was an associate.
Three Lions, indeed. That’s a good one, Jeff.
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John
So, if you wanted to say Amused is wrong in french, you would say “Amused avoir tort”!! … although I think you would really have to conjugate the verb.
So it would really be “Amused, il (or elle) a tort”!!
“Amused tu as tort!!” would mean Amused, you are wrong, or literally you have wrong or tort!!
Lord have mercy, I remembered that from must be getting up to 50 years ago … Miss Alleyne was a boss!!
We had some proper teachers!!
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Jeff Cumberbatch
John you are probably too young to recall when our exercise books at primary school had the avoirduPOIS measurement on the back…!6 ounces =1 pound; 14 pounds= i stone, 112 lbs. =1 cwt. or hundredweight ; 20cwt. = 1 ton…
You should look up the word “avoirdupois”. Fat in French is “gras”.
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de Ingrunt Word
oops.. two Lions, that should read.
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Jeff Cumberbatch
See, I have done it for you…..
The avoirdupois system (English pronunciation: /ˌævərdəˈpɔɪz/; French pronunciation: [avwaʁdypwɑ]; abbreviated avdp) is a system of weights (more properly, mass) based on a pound of 16 ounces.
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John
I am heavy would be j’ai du poids
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Jeff Cumberbatch
No, John. It would be “Je suis lourd”
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John
IDF, In Deo fides, “trust in God.
… but that is Latin
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are-we-there-yet
In Deo Fides
Let Google do the looking
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Amused
@Jeff. I am well aware that it is actionable per se (which for the family’s information if they did not know, means “without proof of damage”). However, unless a fixed rate of damages for defamation has been set, the degree of damage caused by the defamation determined the award in $s from the court, my point stands. My point is that a responsible attorney, as opposed to the mere academic, before blithely rushing his client into litigation that will enrich no one but the attorney, finds it prudent to establish: (a) can the other side pay costs and damages; (b) will the damages awarded be sufficient to compensate the client for the years of effort and strain on himself and his family; and (c) is the general public likely to credit the defamation in the first place which, incidentally, impacts the quantum of damages. Thank you for pointing out that defamation is a tort – i had mistakenly thought it was something like breach of contract – my bad. Did you know that defamation can also, in certain cases, be criminal?
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John
That’s seems to be an alternative Jeff.
I always learn something new
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are-we-there-yet
John;
I always thought it was “In God we trust”.
But my latin was never good
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John
I think fides may be used as a command, I forget the term now ….. vocative or something so.
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John
…. it could also be a noun, …. faith
So faith in God
It is a long time now so I am minus a lot of grey matter
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Jeff Cumberbatch
Dear Amused,
I hope the so-called “responsible attorney” would also first ascertain whether his client even has a cause of action…defamation also criminal…Nah! Thought that that was restricted to libel…according to the 1996 Act.
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John
Who is this Michael Springer fellow and with whom does he work?
Is he a lawyer?
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John
… nope, vocative is associated with nouns, Imperative was the word I was looking for.
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The Gazer
Surprise that Jeff still has a strong command of French or was it Google?
And John invoked the name of Ms. Alleyne, I never passed French, but I loved that lady, Is she alive?
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Well Well & Consequences
What Bajan lawyers ought to do is refrain from trying to sue down everyone for slander, libel, defamation and focus instead on offering their services as learned attorneys to revamp and rebuild the legal system, judiciary, etc…..the above comments should tell them how mixed up and confused everything has become.
What worked for 4 decades has lost it’s edge…..the current book will bear witness…..and…said lawyers will have the satisfaction of knowing that they will be remembered for making positive changes to the legal system…..everything is not and cannot always about money, that is what gets everyone into trouble eventually. ..and not only lawyers.
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Hehehe
You all excited about part 1. I’m more excited about part 2 or the unfinished chapters, which may or may not be penned by its original author. 😂😂😂😂
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Simple Simon
Whopsi.
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sbvP2G
It wud appear Vernon Smith fraid detils in this book. it covers shocking marcelle smith details . Apparently a district c police report exists dat show a visit by vernon smith, hal gollop and constable 1893 walcott that trying to get marcelle smith husband who acording to sleepy smith, has dementia. sumptin to do wid estate fraud.
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Mr Whapax
The truth is that no one really cares little about the troubles of the goodly author or the loss of his firm. It is being seen as a case of bajan upper class privilege gone wrong.
The bajan legal fraternity is one of the great bastions of classism and racism reminiscent of a plantation society. We have white lawyers who never have to scrunt because their white comrades and a couple of ignorant black people believe they can do no wrong. Then there are the upper crust blacks or persons who come from a legal or political lineage who are still riding on their family name. At the bottom we have the scorned black lower class who did the unthinkable and got into uwi by merit and were simply intelligent. The first two categories will always have quality work sent to them. They will be hired first after qualifying. The last category will be reviled as lacking the right social pedigree, exploited if lucky enough to be hired and will quickly related to the bottom of the pile where it will be difficult to rise to any greatness but thankfully a few do rise to the top by working hard.
I have learnt the hard way that the best lawyers in Barbados are not the firm lawyers, the big name ones, the political ones or the ones always on TV or in the newspaper. The best ones often come from that last category tempered by fighting and clawing their way to make a living because they have no other option but to develop their practices as there are no connections to fall back on. Thankfully, I have found a good lawyer who earned my respect by constantly giving me good advice whether it was what I wanted to hear or not. I care nothing about the privileged lawyers who fall from grace because of poor business models or extravagant lifestyles.
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