VATLast Friday, the case of Michael Springer QC versus Barbados Bar Association came on for hearing. BU now reports on what transpired.

Mr Springer QC has always been a member of the BA, but his payment of dues have been without VAT and accepted and receipts issued to Mr Springer by the BA. In 2015, Mr Springer tendered his payment by cheque to the BA, without VAT, which was presented for payment and paid into the BA. Approximately 6 months later, Mr Springer received a cheque from the BA purporting to be the refund of his fees on the basis that the BA could not accept his payment and membership without VAT. Mr Springer’s name has been removed from the BA’s list of members. Mr Springer served the BA with a pre-action protocol letter, advising that if they did not reverse their position, he would be commencing legal proceedings. As usual, at the start of this year, Mr Springer tendered his payment to the BA minus VAT, payment that the BA refused to accept. Mr Springer filed legal proceedings against the BA.

Mr Vernon Smith QC appeared for Mr Springer and Ms Cecily Chase QC appeared for the BA.

Mr Smith submitted to the Court that the BA had not filed a defence in accordance with the Civil Procedure Rules and therefore did not have the right to make any submissions. Ms Chase advised the Court that this was due to a failure on her part and asked for indulgence and leave to file a defence and Mr Smith agreed to this and it was ordered that Ms Chase would be given latitude to file a defence.

Mr Smith asked for his costs of the appearance in any event. The Court ordered that the BA pay Mr Smith’s costs no later than this Thursday.

Mr Smith submitted that the BA had failed to produce to the Court and Mr Springer a resolution by two thirds of its membership authorising that the action be defended in accordance with the BA’s Rules, without which the BA lacks the authority to pay Mr Smith’s costs. The Court ordered that by this coming Thursday the BA must produce such a resolution.

BU has reported that Mr Smith himself has sued the BA on essentially the same subject matter and this case is pending. Mr Smith’s case also ties in to his action against Marston Gibson. Smith vs Gibson was adjourned to Monday 11 April and commences hearing on that date, provided the Registrar has set it down – and if she has not, she will have provided grounds for Mr Smith to bring proceedings against her and to make a formal complaint to the Prime Minister, as the scheduling of hearings is the province of Gibson as Chief Justice and a failure to set down an adjourned matter will be seen as an abuse of power, since Gibson is himself the defendant. It is further noted that Gibson has not filed a defence.

BU has not been able to obtain the latest copy of the Official Gazette. The Registrar has a statutory duty to advertise the names of all attorneys to whom practicing certificates have been issued. It will be recalled that last year the Registrar barely missed being sued in a class action by attorneys who opt either not to pay VAT on their BA dues, or simply not to be members of the BA, when the Registrar omitted their names from the list in the Official Gazette of names of attorneys to whom practicing certificates had been issued. So we now wait to see if the Registrar has carried out her statutory duty – or not.

It has been observed that Mr Barry Gale QC, who seems to have set this whole ball rolling when he was president of the BA, appears to be doing his best to distance himself from anything to do with the administration of the BA.

89 responses to “The Case of Michael Springer QC Versus the Barbados Bar Association”


  1. why don.t you realise that barbados courts are not technologically savvy and still being run on the old steam engine method also ,,,the judges the lawyers and criminals are all in charge of the nut house
    where in the international world would you read of lawyers skinning botsies at judges and not be disbarred
    well that is barbados everyone is in charge/

  2. Well Well & Consequences Avatar
    Well Well & Consequences

    Ha-ha…I knew there was something I like about Amused. I bet not one of the parliamentarians thought about appointing a female Chief Justice, for balance since they never had one before and to put a different complexion on the male dominated post….while ridding the judiciary of the stigma associated with and created by those who went before.


  3. Is it not a fact Justices from Barbados have been unable to make the cut at the CCJ? Can anyone say why?

    On 10 April 2016 at 20:38, Barbados Underground wrote:

    >


  4. Maybe the justices just aren’t up to it, … male or female!!

    So …. how many cases at CCJ has Vernon Smith actually won?

    Is this the real problem Amused has with the CCJ??

    … Vernon Smith can’t or is just not able to win there.

    I note Barry Gale and Alair Shepherd both do ok at the CCJ and neither are on Amused’s favoured list!!

    I was looking at the CCJ decisions to see if these guys regularly beat up on Vernon Smith at CCJ to try and explain Amused’s aversion to the two.

    The corruption that has taken over in Barbados was taking over long before the advent of the CCJ and in the presence of the Privy Council.

    We are stalled, nothing works, including the Courts.

    Entropy reigns.

    Take a look at the mess that is Turks and Caicos, a British Colony with the Privy Council!!

  5. Caswell Franklyn Avatar
    Caswell Franklyn

    Well Well

    They considered appointing a lady as Chief Justice, she came home from the East Caribbean Court and was biding her time on the Court of Appeal. Then a whole lot of begging went down and she was overlooked in favour of a musician.

    She was a very able Registrar and since her everything went down hill. People thought that she would have put her administrative skill to good use to bring the court around. You don’t have to like her but I am sure that she would have done a far better job than he who is clogging up the system.

    Sent from my iPad

    >

  6. Well Well & Consequences Avatar
    Well Well & Consequences

    They have never tried a female Chief Justice so they may want to give it a try and leave the political affiliation out of the process.

  7. Well Well & Consequences Avatar
    Well Well & Consequences

    Agreed Caswell.


  8. @Caswell

    Isn’t it evident that no single person can alleviate the load on the court system? In is interesting to note that the court systems throughout the Caribbean are all under pressure.

  9. millertheanunnaki Avatar
    millertheanunnaki

    @ Amused April 10, 2016 at 4:29 PM #
    “Miller. Sorry. My “anointed one” is female and it is not Cornelius. I hope you don’t have anything against a female CJ. I am not saying any more on that”

    I was just making a ‘plug’ for an old friend since you are adamant “Gibbie”, an old friend of Fumble, must go.

    I have nothing against a female CJ the same way you have ‘nothing’ against a female PM. LOL!!


  10. So let’s get back to the matter at hand.

    There seems to be general agreement that It is a monumental waste of time.

    Can we use this as a starting point?

  11. bajan sunshine Avatar

    You only need to read Nichols Book to see that Springer, Gollop and Smith are the recurring miscreants who abuse the legal system.

    This nonsense of Vernon Smith claiming he doesn’t need to pay vat has been on going for 10 years. 10 F’in YEARS.

    You would think it would have been sorted out by now. To top it off , Vernon smith is suing the CJ and clogging up the courts because of this same issue.

  12. Well Well & Consequences Avatar
    Well Well & Consequences

    Leroy Parris is also suing the CJ, everybody is taking a bite.


  13. I was thinking about the change from the Privy Council to the CCJ in 2005 and trying to figure out if it was for the better or worse.

    I concluded it was for the better.

    At no time when the Barbadian Courts were going to hell can I remember the PC saying or doing anything to stop the rot.

    I remember being in the Court of Appeal in 2002 and hearing a case from 1986 being called on the steps by the marshal …. no response.

    Turns out one of the litigants was dead as was one of the lawyers!!

    The then CJ, David Simmons had a few words to say and expressed regret but then passed over and disappeared with the panel from whence they had come.

    Probably end of story.

    In contrast, the CCJ repeatedly writes decisions cataloging the abuse in the Barbados Court system that took place in the cases it hears.

    I have read a report on the judiciary prepared by the CCJ a few years ago.

    Don’t know if the powers that be did anything but I do know that the scathing descriptions of a dysfunctional court have intensified and have seen the results in the demeanour of the judges, from the CJ back down.

    They don’t like the attention they are getting and neither should we.

    I would say the CCJ is superior to the Privy Council because at least it is trying to do something.

    I hope it succeeds in effecting a change from the dysfunctional system to one in which we can at least have some faith.

    The suggestion to return to the Privy Council is about as ludicrous as it gets.


  14. I realize why Amused is so inveterate against Alair Shepherd.

    Mr. Shepherd was opposing counsel in the case at CCJ where Vernon Smith and his associates got cited for abuse of process.

    He was also opposing counsel in the Turf Club matter with Melnyck which Vernon Smith lost.

    Amused sees Alair Shepherd as a mortal enemy, one who can easily defeat Vernon Smith.

    I am beginning to understand a bit about Amused’s mental state.

    I wonder if Amused might be a client of Vernon Smith awaiting a hearing in any matter in which Alair Shepherd might be opposing counsel.

    I reckon he/she is trembling with fear (shared sh!tless) given Mr. Smith’s record against Alair Shepherd.

    I am working on why Barry Gale should incur such wrath from Amused.

    I will figure it out too!!

    I’ve also figured out that Madame Justice Sandra Mason cannot be Amused pick as CJ!!!

    She was part of a panel in the Court of Appeal which described Vernon Smith’s logic as absurd so sorry Ms. Mason, your name is not under consideration.

    …. and needless to say, opposing counsel was Alair Shepherd.

    Amused’s reasoning is clouded by subjectivity and self interest!!

    He yearns for the good old days!!

    A good night’s sleep really clears the brain!!


  15. … scared not shared!!!!

    Blasted keyboard!!

  16. Caswell Franklyn Avatar
    Caswell Franklyn

    John

    I hate to be agree with Amused; I enjoy when we are on opposite sides, but I must agree with him that the CCJ is poor. I have not won or lost ant case before them so I am devoid of the sour grapes effect. I have found some of their judgments to be crappy.

    I enjoyed reading Byron CJ when he was at the East Caribbean Court but I have noticed a diminution since he joined the EC Court.

    Sent from my iPad

    >


  17. What would you like to replace it with?

    I have read only a few decisions particularly the ones on delay and the need for the Barbados Court to pull up its socks.

    That’s probably about six or so and I have not looked at any dealing with matters in Guyana or Belize.

    I have to admit the Myrie case was really of no interest to me.

    I have also been involved in two matters before it, one of which I have already alluded to on BU involving Vernon Smith and Alair Shepherd so I put two and two together where Amused is concerned!!

    Both of them were successful so like you, I have no sour grapes, but for a different reason!!!

    … but of course, I admit, there is the element of subjectivity!!

    I did not read the Wynton Campbell decision in detail but I did not like it, again as I have said, I know the guy (also an electrical engineer) and a bit of what went on.

    I went on gut with that decision.

    For me the positive was that the GOB had to go to Parliament to change the law specifically to deal with Wynton so there is the tacit admission that he gave a good account of himself and the GOB met its match!!


  18. @John. I have not appeared with Mr Smith in any cases before the CCJ. You must be mistaking me for someone else. I have no doubt that the information you have supplied here might well result in someone somewhere being able to identify you and, indeed, perversely, you seem pathetically eager to be identified. But you can leave me right out of that game. I have no interest whatever in who you might be and in any case I intend to observe the ruling principles of BU which, among others, is the right and protection of anonymity. I commend this rule to you.


  19. To my way of thinking a court does not dispense justice, it simply gives a decision.

    I am an engineer, interested only in solving problems.

    A decision can be appealed but in the absence of a decision the court is used as a tool to prevent progress and not as a means to solve a problem!!

    That is an abuse and calls the court into disrepute.

    I am involved in cases brought in 2002, 2003,2006 and 2010 in the Barbados courts in which either decisions are outstanding or they are yet to be heard.

    Three constitutional motions followed, the last of which begun in 2012 was adjourned in 2014 and is yet to get a date.

    In that one an application for an inquiry as to damages against the AG for the denial of a speedy trial which is constitutionally due a citizen was made.

    You can understand my leaning to any final court of appeal that actually seeks to call the Barbados Courts to order as the CCJ does!!

    I am not versed in law to the extent that I can appreciate the niceties of the language or logic associated with a written decision but I can certainly appreciate the complete absence of a decision and that is my starting point.

    I don’t think there is any complaint against the CCJ for not delivering judgments!!


  20. Man John, you are 100% on point in this matter.
    The only problem with the CCJ has been the usual political idiocy that we have grown to expect with regional matters.
    Even the fact that they have not lowered their standards to include Barbadian jurists so far (although Barbados was at the forefront of its creation) sends the message that they are quality conscious.

    The fact that some people do not like a court’s decisions is petty..and completely irrelevant to the matter. Inevitably 50% of those involved tend to dislike a court’s decision …except of course in Barbados …where there are mostly no damn decisions…


  21. Check the man behind the following text, read this text and compare it to the reality-neglecting-approach of the establishment in Bim:

    http://www.bwater.com/Uploads/FileManager/Principles/Bridgewater-Associates-Ray-Dalio-Principles.pdf

    Bim is sinking deeper and deeper due to a very wrong culture. When a house burns in Bimshire, the establishment including their consultants talk about some “temporary mild heat and a little smoke”. Meanwhile, the house is destroyed.

    We need a leader like the man above, no sweet-an-likin figures twisting the facts.


  22. So, now, how is Barry Gale linked to Vernon Smith?

    Philip Nicholls identifies the two as …. well I can’t use the words in “decent” company so the two at least have Philip Nicholls in common!!

    I have come across correspondence between Allan Watson who has an arrest warrant on his head and had absconded to the US with Barry Gale regarding a bogus company so another link into Cottle Catford but that was a long time ago.

    But Amused is all bent out of shape over Barry Gale now so it is something he did Vernon Smith that needs to be found.

    It may not be as simple as figuring out Amused’s displeasure with Alair Shepherd but then again it may be.

    Perhaps Barry Gale’s attempts at bringing down Philip Nicholls back fired and meant Vernon Smith had to resort to tactics to keep Watson out of Philip Nicholl’s clutches and expose himself and the whole racket.

    Anyway, I’m on it!!

    One thing is sure, this makes one hell of a detective story!!


  23. @ Tron
    Interesting read (scan)
    He said…for example..
    (Nature’s) perfection and brilliance staggers me. When I think about all the flying machines, swimming machines, and
    billions of other systems that nature created, from the microscopic level to the cosmic level, and how they
    interact with one another to make a workable whole that evolves through time and through multi-dimensions,
    my breath is taken away. It seems to me that, in relation to nature, man has the intelligence of a mold growing on
    an apple—man can’t even make a mosquito, let alone scratch the surface of understanding the universe.
    ++++++++++++++++++++++++++++++++++++++++++
    …and then went on to extrapolate the lessons of nature to fine tune his business of making money… while missing the GLARING message that stared him directly in the face…

    This serves to demonstrate the POWER of ‘albino-centric thinking’ to distract us into the generally accepted belief that accumulating material things represents a measure of ‘success’ in life…


  24. http://www.barbadostoday.bb/2015/04/28/lawyers-who-owe-should-be-banned/

    I think I may have it.

    “The senior lawyer said he would also be pressing ahead with the suit against the chief justice, whom he is accusing of breaching his constitutional rights by effectively “disbarring” him without due process, based on the word of former Bar president Barry Gale, QC, who told the chief justice on April 14, that Smith had not paid his annual fee.”

    It is Barry Gale who skinned out Vernon Smith before the Chief Justice!!!!

    So Amused is the cheerleader for Vernon Smith spouting invective at any and every body who dares to harm his buddy.

    I suspect anything written by Amused on here will have been written with that angle.

    It sure fits with the assessment that he/she is scared sh!tless at the prospect of his/her lawyer, Vernon Smith going up against Alair Shepherd in some case in which Vernon Smith is his/her attorney on record.

    I am getting there!!!!!!!!

    Sometimes you have to go in little steps!!


  25. Let me repeat a question that was asked yesterday, but let me direct to Mr. Bush Tea
    Have you experience a Damascene conversion? it seems to me as if your whacker has become blunted, lost it roar and making some ‘religious’ noises.

    Has the words of Zoe found fertile ground in that mind of yours. Put aside that electric whacker and rev up the old gasoline whacker…..


  26. I just googled and found the the vat ranged from BDS $43.00 to $175.00.
    Is that what this fuss is all about;? You have to be kidding me…
    The cost of dinner for two at a restaurant. I must be missing something.

  27. Well Well & Consequences Avatar
    Well Well & Consequences

    I still can’t figure out why experienced lawyers/CJ/AG/Parliamentarians who legislate laws, cannot get this matter re payment/nonpayment of vat on attorneys fees….resolved.

    John…..not sure, but I think Madame Justice Mason retired, so it would not be her. There are not that many female justices so it’s easy to do the process of elimination.


  28. Is this why the courts are clogged. Large egos battling over trivial sums, so as to make a legal point.
    Judges need to carry a bullwhip under their robes. Use it once or twice and this nonsense done…..
    Sorry, but I don’t get it. Educate me.

  29. Well Well & Consequences Avatar
    Well Well & Consequences

    The Gazer…it’s the most idiotic and meaningless use, misuse and abuse of the court’s time and waste of taxpayer’s money I have ever come across…if I had my way, they would all be in a prison….in Mexico or South America, no easy prison time for them.


  30. The VAT is ridiculously small and the court is wasting its time trying to split copper wire!!

    Amused is trying to say he/she does not agree it is an abuse of process.

    These clowns should be thrown out of Court and perhaps into jail to let them have a little time to ponder on the crap they are doing.

    Imagine there are 10’s of thousands of Bajans who suffered at the hands of Clico and can’t get a resolution to their problem since 2008 or whenever because the court won’t give it to them.

    It is as my grandfather used to say, scandalous, ridicalus.

    I hope they end up suing the Government for damages for denying them their constitutional right to a speedy trial!!


  31. @ TheGazer
    To Mr. Bush Tea…
    Have you experience a Damascene conversion? it seems to me as if your whacker has become blunted, lost it roar and making some ‘religious’ noises.”
    Has the words of Zoe found fertile ground in that mind of yours. Put aside that electric whacker and rev up the old gasoline whacker…..
    ++++++++++++++++++++++++++++++++++++++++++++++
    You will hardly hear bushie’s whacker making ‘religious’ noises….. But it DOES sing the praises of BBE continually. You may occasionally confuse the two tunes…
    EVERYTHING about this experience we call ‘life-on-earth’ carries the BBE- beat ….it is the whole raison d’êtres of life…

    Bushie’s ‘Damascene’ moment came MANY YEARS ago…and since then, NOTHING has been the same… all those other shiite topics that you hear Bushie on are just part of the side dishes of life…. The MAIN COURSE is the real gospel…

    By the way – it is a four stroke gasoline model with ‘ripping’ power and a vicious bark… Electric shiite!!?? …wid a whole lotta wires bout behind yuh?
    LOL
    ha ha ha


  32. Who is the judge hearing this matter?


  33. Amused April 11, 2016 at 9:56 AM #

    @John. I have not appeared with Mr Smith in any cases before the CCJ.
    +++++++++++++++++++++++++++++++++

    I know …. don’t think I said you did, show me where!!


  34. @John

    Relax, you have been posting long enough on BU to know we will support the anonymity some seek on BU, even you.


  35. How many cases has Mr. Smith been involved in before the CCJ?

    I know of 3, all of which he lost and one of which he was cited for abuse of process!!

    Not a very good record!


  36. Back in the day theologians used to waste time arguing about how many angels can dance on the head of a pin (N. B. That argument has not yet been resolved) instead of using their time to feed the hungry, heal the sick etc. but then came the Reformation…sorry I mean the revolution.

    Maybe we need another revolution…sorry I mean Reformation, this time of the legal system.


  37. I see the court demonstrated uncommon wisdom yesterday!!

    http://www.barbadostoday.bb/2016/04/12/case-against-cj-delayed-again/

  38. Well Well & Consequences Avatar
    Well Well & Consequences

    Oh, oh…I see SSS is asking about an investigation into the death of Marcelle Smith and Wade Gibbons chimes in……and Jeff….soooo, who is Jeff?

  39. Well Well & Consequences Avatar
    Well Well & Consequences

    BTW……let’s hope the adjournment continues for another 10 years, that is called, dose of own medicine..lol

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