Disciplinary Committee Fails to Protect Client now Deceased, AGAIN!

The judgement handed down by the Court of Appeal in the matter No:108 of 2008 (attached) is compelling reading, all 67 pages. In summary, John Patrick Connor and his wife (vendors) retained Philip Vernon Nicholls  (lawyer) to facilitate the sale of a property, purchase price $950,000. The proceeds of the sale were never paid to the Connors now deceased. The judgement exposes a litany of woes and vindicates Barbados Underground on several issues raised- see updates on BU’s Tales from the Courts page.

In brief the report prepared by the Disciplinary Report to support request Attorney-at-Law Philip Vernon Nicholls be removed from the roll of lawyers practising in Barbados was dismissed because of ‘procedural irregularities’. Here is Justice of Appeal Rajendra Narine (p.43) scathing dissenting opinion.

 

 

It is unfortunate to witness another case of an oversight body (Disciplinary Committee) established by statute to protect the interest of the public from lawyers who engage in unprofessional conduct not met.

 


 

A resource link:

The Disciplinary Committee is created pursuant to the Legal Professions Act Cap 370A and is “charged with the duty of upholding standards of professional conduct”. The Committee is charged with making rules in relation to the standards of professional etiquette and conduct of attorneys. It comprises seven attorneys, of whom at least three shall be of not less than ten years’ standing in the legal profession, nominated by the Bar Association. Each member shall hold tenure for a period not exceeding two years but each member is eligible for renomination.

Raising the BAR

85 comments

  • 🎵What did they get?
    A big rock!🎶

    Like

  • nothing new here really except this boy Philip must have caused great shame to his parents
    the connors are not the first to be screwed by the courts and they wont be the last
    and I speak with authority on this matter
    HOWEVER, SOON AND VERY SOON THE RIGHTEOUS JUDGE AND PARACLETE WILL INTERVENE
    UNTIL THEN LET THE ENSUING BLABBERING BEGIN
    NOTHING WILL CHANGE UNTIL THE TIME OF THE MILLENNIAL KINGDOM……….AND THIS CAN NOT BE REFUTED
    LOL LOL LOL

    Liked by 1 person

  • My heart goes out to the Connor family. Severe attorney in Barbados should hang his/her head in shame for allowing this to happen and, doing nothing about it collectively. There are times when the docility of Barbadians has served us well and there are times when this same docility has allowed us to be taken advantage of.

    The question now remains, what steps have been taken to ensure that this never, ever happens again?

    Like

  • XxxxSevere attorneyxxxx ….Every attorney in Barbados

    Like

  • Note how quickly QCs were quick to defend Vonda Pile and rap the president of the BABA on the knuckles for commenting on the Bennett matter.

    Like

  • Philip Nicholls has written two books on the crap he faced.

    His problem was his partners (and others) if I understand it right.

    His problem now is he knows too much!!

    Funnily enough he was the 11th respondent my mother sued so I get to hear a lot of the innards.

    Like

  • In brief the report prepared by the Disciplinary Report to support request Attorney-at-Law Philip Vernon Nicholls be removed from the roll of lawyers practising in Barbados was dismissed because of ‘procedural irregularities’.

    ++++++++++++++++++++++++++++++++++++++++

    What were the irregularities?

    Like

  • @John

    Have you read the document attached?

    The law states 4 makes a quorum to give validity to the report that was submitted to the CJ by the disciplinary committee and a member of the committee stated the final report submitted by Chairman Cicely Chase receive no input from the other committee members.

    Like

  • Donna..that’s a hell of a lot of money to lose to thieves in the bar association and judiciary and never get it back, but when they collude, they do it well….thousands of people on the island and OFF…have lost much, much more and much much less.

    ..those thieves don’t care who they go after and would go to any lengths to get away with it, those in the former white law firm were some dangerous evil, heartless beasts….the wife of one of them acted as though she was entitled to steal clients money by the hundreds of thousands of dollar…..and threw a fit if denied access, she should have been dragged around in public in handcuffs, heard the husband ran from the island and John somebody and never returned, don’t know if the fraud croaked yet….the other crook is on BU Lawyers in the News..she got disbarred..

    Like

  • If you check the full decision you will see that you have misrepresented Chandler JAP.

    Even the signature does not look like his!!

    I more suspect the extract is from the dissenting opinion of Narine, JAP.

    You better check before you bring down the wrath of the court on your head.

    Liked by 1 person

  • If you look at the decision in its entirety you will see that there are three opinions, one of them dissenting.

    You have chosen the dissenting one which of course is not the determinant in the matter.

    Liked by 1 person

  • Thanks for your correction John. The dissenting opinion was taken because of the uncompromising language used by the JA to describe the matter.

    Like

  • I find the other opinions far more interesting reading!!

    Goodridge JAP for example describes the process as a fishing trip.

    Chandler JAP is pretty uncompromising too.

    Liked by 1 person

  • @John

    Fair enough. Good you read the document. Many do not like to read.

    Like

  • I did not read it, but I knew what it said so pointing out the error was a cinch.

    The problem is the proceedings of the Disciplinary Committee.

    You can’t build a house on sand.

    Like

  • If you read the first book you will quickly realise there is alot more in the mortar than the pestle.

    Liked by 1 person

  • You better apologize to Justice of Appeal Chandler for misquoting him.

    Liked by 1 person

  • @John, the blog was amended? The blogmaster read the first book. It seems Nicholls was a little naive in the process considering his pedigree?

    What changes would you propose at the Disciplary Committee?

    Like

  • Gail himself should be in prison AND DISBARRED…

    they have had TOO MUCH PROTECTION from the frauds in the parliament since the 1950s, who themselves should be in prison and disbarred for enabling and condoning these crimes against 3 generations of the population, with many of them also VERY ACTIVE participants..in massive thefts.

    but they thought themselves UNTOUCHABLE, INVINCIBLE and ABOVE THE LAW for themselves and whomever else they anointed with their poison..

    Like

  • DavidAugust 9, 2021 10:31 AM

    @John, the blog was amended? The blogmaster read the first book. It seems Nicholls was a little naive in the process considering his pedigree?

    What changes would you propose at the Disciplary Committee?

    ++++++++++++++++++++++++++++++++++++++

    Inquorate, and no minutes.

    This is pretty basic stuff to correct.

    Like

  • I think Philip expected more from the legal profession, probably because of his pedigree that his expectations existed.

    He should have figured it out … Michael Simmons was at Cottle Catford when he first joined.

    I dealt with one of the Partners routinely through my family’s business and would never have expected he would end up finally with an arrest warrant on his head, issued by the court in Barbados.

    He died in the US.

    The meekest, mildest individual but man … if I told you what I reckon he did.

    One thing speaks volumes for Philip, he has never been inclined to run … it is in his pedigree.

    His health has suffered but he has not run.

    Liked by 1 person

  • The process is simple, a quorum of 4 and the involvement of those who made up the quorum collaborate on the final submission to the CJ with the request to remove from roll. What is so difficult for QCs to comply with a simple process?

    Like

  • Nicholls should not have allowed the P&L of Cottle Catford of which he was a member to pull ruin his career. There are consequences for bad decisions?

    Like

  • He was not the senior partner until 2002.

    Cottle Catford was sold out by a fifth column.

    The former senior partner ended up with the arrest warrant over his head but not until 2015 or so.

    Read the book.

    Like

  • EVEN PETER AND PAUL MADE BAD DECISIONS
    SO DID MOSES ADAM JOHN MARK AND JONAH
    AS WELL AS KING DAVID AND SOLOMON
    IT IS HUMAN TO ERR
    BUT GOD IS THE GOD OF THE SECOND CHANCE

    Liked by 1 person

  • I SIT AND LAUGH AS MY POSTS ARE MODERATED AND EVEN NOT PUT UP
    BUT LOTS OF CURSING AND RIDICULOUS MUSIC THAT IS WAY OFF IS LOL LOL

    Liked by 1 person

  • The spider’s web !!!!!

    Liked by 1 person

  • @John

    It does not matter he wasn’t the senior partner. He refused to disentangle himself from the firm given what was before him.

    Like

  • Here is JAP Goodridge’s conclusions

    Like

  • For me the question is how come JAP Narine is at such variance with the other two JAPs?

    Another question I think worthy of asking is what benefit does the blogmaster gain in highlighting a dissenting opinion and not the fact that minutes were missing and meetings were inquorate?

    Like

  • He was fought every step of the way for trying to make amends by the same frauds claiming to represent the thieves and others, there was too much to come out about the decades of thefts including all the WILLS, thousands i believe it was that were sitting in a corner, i imagine those original wills were forged and other people’s names added in the property/inheritance thefts, still popular among bar association and judiciary criminals….thousands of elderly and their beneficiaries got robbed, he should have realized by then what and who he was up against and disentangle…sometimes trying to do the right thing comes with consequences when you are up against a force of thieves.

    don’t know why they bothered, their names are notorious far and wide anyway…no one anywhere trusts any of them and they will all eventually FADE AWAY…no matter how many slave names and titles they carry…

    Like

  • @John

    Does it matter? The full document was posted fir all who have eyes to read.

    Like

  • Vincent Codrington

    Very interesting and educative. Essential reading for those interested in the evolution of the Barbadian society.

    Like

  • DavidAugust 9, 2021 12:23 PM

    @John

    Does it matter? The full document was posted fir all who have eyes to read.

    ++++++++++++++++++++++++++++++++++++

    Having eyes to read and reading are two different concepts.

    What you have done is deliberately promote a dissenting opinion over that of the court.

    Why?

    Philip should not be in the predicament he is in and of course it is his responsibility but the predicament should not have arisen among honorable men and women who have sworn an oath.

    It may be the matter will go to CCJ and be overturned.

    But until that happens you should accept the verdict.

    The sale of the land according to the decision took place in 2007, 5 years after Philip Nicholls became the senior partner.

    Read the book and fill in the occurrences in those 5 years.

    Like

  • John all and sundry are aware given your everlasting family feud that has engaged the court system is inclined to think there is a slug under every rock.

    You may have the last word.

    Like

  • fortyacresandamule

    We are too noncombative and weak as a people. We are a bunch of sheep. That’s why the politicians and the powerful minorities can take advantage of us without consequence. Somebody should have been in a coffin by now because of this injustice.

    Like

  • It is a long time this matter has taken to secure the decision. This is wrong, this is unethical, this is unprofessional and last but not least this is incompetence of a very high degree.

    Like

  • https://www.nationnews.com/2021/08/09/lawyer-chides-bar-president/

    strange indeed how they JUMP to each others defense ONE CAUGHT doing illegal things, and not a PEEP out of them when billions of dollars in ESTATES, LAND, BANK ACCOUNTS etc are stolen from the vulnerable population…no defense when beneficiaries are PUSHED INTO GENERATIONAL POVERTY because the bar/judiciary SYNDICATE closed ranks……personal injury cases CAN NEVER FINISH…..and the beat of criminality goes on and on and on..

    but they defending each other to the end.

    Like

  • WURA,

    Hard to believe! Do not take the law into your own hands! Civilized people take it to the courts! My best friend is civilized. She took it to the courts. She is still waiting. Now they say they have no record of the case ever having started!

    There is no justice for the civilized in Barbados!

    🎵It’s a jungle out there!🎶

    Like

  • There is justice but too many cases fall through the cracks. Everyday cases in the lower and high courts are tried and decisions handed down.

    Like

  • What pedigree? His mother taught me a Q.C. A judgmental, class conscious fart! Judged my same best friend wrongfully!

    Like

  • How come it took almost a decade to get a report and when the report surfaces its bona fides can so easily be overturned?

    The disciplinary Committee had Philip Nicholls in its clutches (2010) within 3 years of the sale (2007) if I reading this report right.

    This should have been done and dusted then.

    Liked by 1 person

  • Why would a lawyer of Cicely Chase calibre make such a rookie mistake?

    Like

  • What was going on in Barbados between 2002 when Philip Nicholls became senior partner and 2010 when he ended up before the disciplinary committee?

    Something must have been going on to turn so many heads foolish.

    Like

  • You’ve read the book, tell us nuh!!

    Like

  • @Davie
    Good afternoon.

    Excuse my intrusion, Not to derail your topic. However, I received a call from de U. K. On de below listed subject:

    Our Tourism Industry ?

    Britain 🇬🇧 poised to give BDS a HARD SLAP n de face, while we await Barney’s Large army arrival with all dem
    life-preservers.

    Can Gabriel Abed save us ?

    Masey Green said “he don’t speak de lingo.”

    Is de Weed crops on de horizon byway of fast track ?

    We already secure 253 kilograms in a SAFE HOUSE from de crooks and dishonest peoples.

    Like

  • fortyacresandamule

    I DON’T WANT PEACE, I NEED EQUAL RIGHTS AND JUSTICE – Peter Tosh. Bajans need to get more combative and stand up for your rights by any means. Somebody one day should make an example of one of those thiefing and wicked lawyers we have here in Bim.

    Like

  • @fortyacresandamule

    What are you recommending?

    Like

  • Is there any you who can tell us how long it takes to get your money after a property is sold in the UK ?

    In Toronto It takes about 2 weeks after closing of the sale to get your money in your bank account.

    It seems that ” waiting for clients to die ” is a business plan for some lawyers in Barbados.

    Like

  • Hants,
    I think we had this discussion previously.

    When I bought my shack my lawyer asked that I had two checks, one for his services and one for the seller. I cannot remember if it was made out to her or her lawyer, but she was present when the checks were handed over.

    The processes in Barbados can be fixed with a little effort. It looks as if lawyer there wants the big check going into their account. The haven’t figured out how to get it to come out of their account once it goes in.

    Like

  • Hants,

    EXACTLY!

    Like

  • I bought Nichols “More binding … ” book.
    Never finished it. Would give it away😃

    Like

  • Correction – They wait for the CIVILIZED people to die.

    Like

  • The fix is a no-brainer.
    Low hanging fruit that no one wants to pick.

    Like

  • Side note…
    I can now see why 555 pulls me into his one star comments.
    It is funny, but probably irritating as hell.
    Stop.

    Like

  • I long saw his reasoning but stayed out of it because it does not really matter.

    We are not nursery school children fighting for gold stars on their scribbles.

    Like

  • @Hants

    Is it fair to say the process to sell a property is different compared to Barbados? If you want, you don’t have to involve middle players?

    Like

  • @ David,

    I have bought and sold 3 properties in Canada. Each time I used Real estate agents and lawyers.

    I not bright enough to do this stuff myself.

    Too besides I kinda lazy. lol

    Liked by 1 person

  • Here are the members of the Disciplinary Committee who presided in the 2008 to 2010 period this matter was under review.

    Cicely Chase QC
    Andrew Brewster
    Malcolm Deane
    Rita Evans
    Shelly Stuart
    Samuel Legay
    Averil Sealey (secretary to the committee)

    Like

  • Ok Hants, do not put HC to shame now!

    Liked by 1 person

  • Side note:
    This recommendation does not mean that I am a believer or thumper…
    There is “Gaither Music” on FB
    It’s good and clean

    Like

  • Thanks Hants, exhaustive is the word!

    Like

  • @Hants
    In Toronto It takes about 2 weeks after closing of the sale to get your money in your bank account.
    ++++++++++++++++
    Are you sure about that? What if you need the funds to close on another property as is usually the case when people are selling one property and purchasing another simultaneously? In my experience the funds are disbursed to you within a short time frame -think a day or less – as purchasers’ funds are paid to their lawyer by way of Bank drafts and that lawyer in turn forwards the proceeds to the vendor’s legal representative who would then distribute the funds to the vendor or act on the vendors’ instructions.

    Like

  • @ Sargeant,

    You are right and I am wrong.

    Like

  • Shame on you Hants, corrected by a Lighthouse boy!

    Liked by 1 person

  • STOP!

    Some languages does not express definiteness at all, or a gesture to collect golden STARS.

    One of our most distinguished BU writers once said “no Man tells me what to do.” I strongly believe that individuals who collect stars ⭐️ are Narcissistic.

    Do you ?

    Like

  • fortyacresandamule

    @David. Recommendation. Jungle justice. A little shock to the system can be therapeutic.

    Like

  • “Gaiter Music”

    Your podiatrist has numerous methods with which to remove your callus or CORNS.

    Keep your feet out of de way of others..

    Like

  • @Dirt Farmer
    Have you joined my fan club?
    Membership is no longer free.

    Liked by 1 person

  • @ TheOGazerts August 9’ 2021 6:50 Pm

    Spouting off is damaging to de body’s systems, raising blood pressure and releasing your stress hormone cortisol into de blood stream.

    Cortisol prepares your body for fight or flight, but if neither action is appropriate, it simply causes more fat to be deposited in de belly, contributing to high cholesterol levels and heart disease.”

    Loose some-more weight…

    Liked by 1 person

  • DavidAugust 9, 2021 4:37 PM

    Here are the members of the Disciplinary Committee who presided in the 2008 to 2010 period this matter was under review.

    Cicely Chase QC
    Andrew Brewster
    Malcolm Deane
    Rita Evans
    Shelly Stuart
    Samuel Legay
    Averil Sealey (secretary to the committee)

    ++++++++++++++++++++++++++++++

    What minutes exist of the deliberations on the matter in the relevant period?

    Who was present as detailed in the minutes?

    Why would one member see the need to recuse himself?

    When was the report written and by whom?

    Did the court conclude it is a nullity as argued by Sir Elliott?

    Like

  • What does recuse mean?

    Like

  • RE What does recuse mean?
    JOHN RECUSE IS WHEN A MORON COMES ON BU AND DAILY ACUSES SOMEONE OF SUPERIOR INTELLECT TO BE MORE OF A JACKASS THAN THEY ARE.
    watch now watch lol lol lol lol

    Like

  • If you seek out a local lawyer, it’s your own fault. What do you expect from impoverished and broken figures who lived in caves one or two generations ago?

    If you buy cheap, you pay twice. It is the same with services. If you hire a local QC who charges you a paltry 500 BBD per hour, don’t be surprised if you get robbed. Proper lawyers are only available for 1000 BBD and more per hour (VAT excluded).

    All the people I deal with in Barbados use lawyers who are admitted to the Bar in England. Quality matters!

    Liked by 1 person

  • Was it Malcolm Dean that recuse himself? Why not ask him? He is related?

    The document details the final report was constructed by Cicely Chase.

    The 3 opinions with supporting case law are clearly stated in the document.

    Like

  • “All the people I deal with in Barbados use lawyers who are admitted to the Bar in England. Quality matters!

    some of the biggest crooks, schooled between UK and the caribbean, members of the bar syndicate, ask the ones with plantations how they got them and maintain them…..THIEVES.

    Like

  • Bar head: Comment not played in full
    PRESIDENT OF the Barbados Bar Association, Rosalind Smith-Millar QC, is denying she spoke out of turn about fellow attorney George Bennett’s charges which are now before the court.
    Three lawyers – Queen’s Counsels Andrew Pilgrim and Michael Lashley, and Mohia Ma’at – criticised her in yesterday’s DAILY NATION for comments attributed to her on Starcom Network’s VOB 92.9FM last Thursday evening, stating “she should know better” as a senior attorney.
    However, Smith-Millar said yesterday her comment had not been played in its entirety.
    She furnished the entire voice clip, which stated: “I am very disappointed and unhappy to see a member of the legal profession, a former senior police officer and now an attorney at law, charged with matters as he has been. However, the matter is before the courts and I have no further comment on that specific matter with Mr Bennett. Generally speaking, of course, we are absolutely against the commission of crime by any person, but most especially by attorneys at law, who know the law and should know better.”
    Charged
    Last Wednesday, attorney George Bennett, 61, of No. 103, 1st Avenue Warners Garden, Christ Church, was charged, along with Guyanese Dharmma Rudradeo, with illegal possession, trafficking and intent to supply 253 kilogrammes of cannabis, worth $2 020 000, allegedly found at Bennett’s residence after a search warrant was executed by members of the Drug Squad on July 30.
    Bennett, a former senior member of the Royal Barbados Police Force’s Drug Squad, was separately charged with obstructing and assaulting Sergeant Fabian Griffith and Constable Erica Maynard and resisting Griffith.
    He was also charged with having 19 bullets without a permit, and failing to deliver up two certificates of appointment and a police identification holder, all on the same date. He was not required to plead and was remanded to HMP Dodds.
    Smith-Millar told the DAILY NATION the initial voice clip aired on Starcom had been misleading, as the middle section of what she had said had been cut out, leading her colleagues to criticise the comments as first aired.
    “Upon complaint to Starcom, they aired a follow-up story on Friday . . . emphasising the missing middle portion of the voice clip and they played the whole clip. That middle portion was a complete answer to the criticisms of Messrs Pilgrim, Lashley and Ma’at, whom you described as ‘chiding’ me. At no time have I said that Mr Bennett, or anyone else, did anything, only that charges were brought,” she said.
    “Mr Pilgrim, at least, knew from early on Friday when I spoke with him, that the Starcom report was erroneous, and I sent him the full clip before it was re-aired on Starcom,” she said.
    (RA)

    Source: Nation

    Like

  • Our Senate, civil service and court system need fixing
    THERE IS NO DOUBT that discussing a governance system in terms of the three essential branches – executive, legislature and judiciary – is extremely complicated and hard to grasp for most people.
    In a nutshell, the legislature is made up of the Upper and Lower Houses, which make laws; the judiciary is made up of judges to enforce the laws; and the executive is the Cabinet, which runs the country, by way of the civil service, on a day-today basis.
    In the United States, probably the world’s most successful republic, the electorate decides the legislature (congress and senate) and the president, all in separate elections and the president appoints the cabinet to administer the government. Judges are appointed for life by a process that involves all three institutions and are therefore somewhat immune from political machinations.
    In Barbados we vote for the Lower House, which forms the cabinet and the Cabinet appoints the majority of senators and recommends the Governor General.
    Under the proposed republican system the Cabinet will also appoint the president to fulfil essentially the same function as the Governor General. Our judiciary is also appointed by the Cabinet, which hardly matters since it has been essentially paralysed by incompetent management for over three decades.
    So the obvious “elephant in the room” in our system of government is the complete autocracy of our Parliament and, consequently, our Cabinet. Whichever party wins a majority in Parliament controls the Lower House, Cabinet, Senate, Governor General and courts.
    Internal elections
    What is also obvious is that what needs “fixing” is not our figurehead,
    but our Senate. Many of the people we need to help run this country will never stand for General Elections but they might stand for internal elections or appointment.
    Our Senate should be made up of people put forward by national associations such as the Barbados Workers’ Union, National Union of Public Workers, Barbados Bar Association, Barbados Association of Medical Practitioners, Barbados Association of Retired Persons, Barbados Association of Professional Engineers, and so on. That way, when unconstitutional legislation like amendments to the Bail Act to deny citizens the right to speedy trial pass through the Lower House, it can be intercepted by an Upper House that is not simply a rubber-stamping fraud of an institution.
    A change to republic status will only be a warning flag to the rest of the developed world and solve none of our governance problems. We need to fix our Senate, civil service and court system if we are ever to be taken seriously.
    – GREG COZIER

    Source: Nation

    Like

  • This is a bookmark. The post above is a good read.
    There is a constant stream of good articles. I am wondering what made some ‘authors’ abandon their silence.

    “A change to republic status will only be a warning flag to the rest of the developed world and solve none of our governance problems. We need to fix our Senate, civil service and court system if we are ever to be taken seriously.”

    Like

  • We can always wish them luck.., can’t even get BILLION DOLLAR THEFTS and CRIMES against the Black population prosecuted, can’t get the human rights violations addressed, can’t get the apartheid and racism address, can’t get simple civil cases completed…good luck..

    https://barbadostoday.bb/2021/08/13/judiciary-crucial-in-transnational-crime-fight/

    Like

  • I noted when i posted months ago that women are also trafficked out of Europe to Barbados, no one said a word, well maybe now a diplomat says it, there may be a reaction, of course women and children trafficked through the Caribbean does not even register in people’s minds..

    https://barbadostoday.bb/2021/08/12/jamaican-diplomat-breaks-silence-on-womans-slaying-lure-of-human-traffickers/

    Like

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