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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…

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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.

 

  READ FULL DECISION

 

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

87 responses to “Disciplinary Committee Fails to Protect Client now Deceased, AGAIN!”

  1. fortyacresandamule Avatar
    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.

  2. David Avatar
    David

    @fortyacresandamule

    What are you recommending?

  3. Hants Avatar
    Hants

    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.

  4. TheOGazerts Avatar
    TheOGazerts

    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.

  5. Donna Avatar
    Donna

    Hants,

    EXACTLY!

  6. TheOGazerts Avatar
    TheOGazerts

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

  7. Donna Avatar
    Donna

    Correction – They wait for the CIVILIZED people to die.

  8. TheOGazerts Avatar
    TheOGazerts

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

  9. TheOGazerts Avatar
    TheOGazerts

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

  10. Donna Avatar
    Donna

    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.

  11. David Avatar
    David

    @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?

  12. Hants Avatar
    Hants

    @ 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

  13. David Avatar
    David

    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)

  14. David Avatar
    David

    Ok Hants, do not put HC to shame now!

  15. TheOGazerts Avatar
    TheOGazerts

    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

  16. David Avatar
    David

    Thanks Hants, exhaustive is the word!

  17. Sargeant Avatar
    Sargeant

    @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.

  18. Hants Avatar
    Hants

    @ Sargeant,

    You are right and I am wrong.

  19. David Avatar
    David

    Shame on you Hants, corrected by a Lighthouse boy!

  20. Dirt Farmer Avatar
    Dirt Farmer

    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 ?

  21. fortyacresandamule Avatar
    fortyacresandamule

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

  22. Dirt Farmer Avatar
    Dirt Farmer

    “Gaiter Music”

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

    Keep your feet out of de way of others..

  23. TheOGazerts Avatar
    TheOGazerts

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

  24. Dirt Farmer Avatar
    Dirt Farmer

    @ 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…

  25. John Avatar
    John

    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?

  26. John Avatar
    John

    What does recuse mean?

  27. GP Avatar
    GP

    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

  28. Tron Avatar
    Tron

    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!

  29. David Avatar
    David

    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.

  30. WURA-War-on-U Avatar
    WURA-War-on-U

    “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.

  31. David Avatar
    David

    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

  32. David Avatar
    David

    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

  33. TheOGazerts Avatar
    TheOGazerts

    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.”

  34. WURA-War-on-U Avatar
    WURA-War-on-U

    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/

  35. WURA-War-on-U Avatar
    WURA-War-on-U

    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/

  36. David Avatar
    David

    Recusal case adjourned
    A WAR OF WORDS erupted yesterday between president of the Court of the Appeal, Rajendra Narine, and Queen’s Counsel Sir Elliott Mottley as the senior attorney tried to get the judge to recuse himself in the matter involving embattled attorney Philip Nicholls.
    The senior attorney appeared to take umbrage at Justice of Appeal Narine’s repeated calls for him “to get to the point… get to the application. You don’t have a licence to make long speeches”.
    At one point, Sir Elliott declared: “This is the first time I have ever heard anybody trying to curtail counsel and tell counsel how long . . .”
    “Well, there is always a first time, Mr Mottley,” the judge interjected.
    “I am not going to accept it now. It never happened in the past and I am not going to accept it now,” Sir Elliott declared.
    The parties were back in the appellate court in a substantive matter where an application for leave to appeal to the Caribbean Court of Justice had been brought by Queen’s Counsel Barry Gale, who is representing executrixes of John Connor’s estate, Elma Kathleen Lewis and Joyce Patricia Bowen.
    The application for leave to appeal stems from a majority two/ one decision which had dismissed a recommendation by the Disciplinary Committee of the Bar Association to disbar attorney Nicholls.
    Retired Justice of Appeal Kaye Goodridge and Acting Justice of Appeal William Chandler had found that the report of the Bar Association to dismiss Nicholls was not valid, but Justice of Appeal Rajendra Narine dissented, saying that the report was not flawed.
    Apparent bias
    When the substantive matter was called in September Sir Elliott, who is representing attorney Nicholls, made an application for Justice of Appeal Narine to recuse himself from the matter by “reason of . . . bias and or apparent bias”.
    That preliminary point was heard in chambers by Justice of Appeal Narine.
    Yesterday, the application for recusal was heard by the full panel of Justices of Appeal Narine, Francis Belle and Jefferson Cumberbatch in open court.
    Justice Narine told Sir Elliott he had been arguing on points for more than half an hour without getting to the substance of the application.
    “I’m simply asking for you to get to your application for recusal,” the appellate judge told the senior attorney.
    Sir Elliott responded his arguments were not only to Justice of Appeal Narine but to the other Justices of Appeal and that the dissenting decision was based on a report “which cannot go in as a substantive document and Your Lordship cannot use an affidavit to get it in through the back door”.
    However, the judge said while Sir Elliott seemed to suggest he (the judge) introduced a report which was invalid, his (the judge’s) oral remarks stressed there was other evidence independent of that report.
    “You are wrong, you are incorrect and the informed observer properly advised with all the knowledge would know that if the document could not go in as an original report, then it cannot go in by somebody’s affidavit,” Sir Elliott declared.
    Provoke me
    At one point he told the court he “would not allow you or anybody else to provoke me into. . .” before Justice of Appeal Narine interjected with “you are not in a position to allow me to do anything. I will allow you. You are appearing before this court. Let us get this matter before this court”.
    “If your Lordship will allow me I will, but I am going to do it the way I see fit, not the way you want me to do it,” Sir Elliott responded.
    “You have already addressed us for half an hour and you still haven’t come to the point,” Justice of Appeal Narine said.
    “If you don’t want to hear me that is a matter for you but I am going to do the case as I see fit,” Sir Elliott declared.
    The senior attorney then told the court if it would listen it would hear him develop his point, to which Justice Narine responded: “That is all we have been doing for the last half an hour and you have not even begun to address your application. Please get to the point.”
    Sir Elliott then accused the judge of showing hostility to him but Justice of Appeal Narine said he had nothing but “tremendous respect” for the seasoned practitioner “of great vintage”.
    The back and forth then continued for another 20 minutes before Sir Elliott told the court he was finished.
    “Clearly you are not listening. It’s a matter for you. If you and the court feel that your conduct is sufficient and without bias, fair enough. That is for you. I finished. I have nothing further to say,” he said.
    Queen’s Counsel Barry Gale then argued that Justice of Appeal Narine’s statements did not amount to bias.
    In the end, the court adjourned the application for recusal until Thursday when it will give its decision on that point before setting a date for the hearing of the substantive matter.
    (HLE)

    Source: Nation

  37. David Avatar
    David

    QC refuses to file submissions

    THERE WERE MORE heated arguments when embattled attorney Philip Nicholls reappeared in the Court of Appeal yesterday.
    This time it stemmed from Queen’s Counsel Sir Elliott Mottley’s refusal to file submissions on a preliminary matter.
    The parties were back in the appellate court in a substantive matter where an application for leave to appeal to the Caribbean Court of Justice had been brought by Queen’s Counsel Barry Gale, who is representing executrixes of John Connor’s estate Elma Kathleen Lewis and Joyce Patricia Bowen.
    The application for leave to appeal stems from a majority two/ one decision which had dismissed a recommendation by the Disciplinary Committee of the Bar Association to disbar Nicholls.
    Retired Justice of Appeal Kaye Goodridge and Acting Justice of Appeal William Chandler had found that the report of the Bar Association to dismiss Nicholls was not valid, but Justice of Appeal Rajendra Narine dissented, saying that the report was not flawed. Yesterday Sir Elliott Mottley, who is representing Nicholls, indicated he would not be filing any submissions on a preliminary point.
    “The court can give me an opportunity to file submissions if I want to. If I don’t want to I will not and I am not going to file submissions in this case on a straightforward matter,” Sir Elliott told President of the Court, Justice of Appeal Rajendra Narine, who presided with Justices of Appeal Francis Belle and Jefferson Cumberbatch.
    “There comes a time when I must stand up in the interest of justice. I do not see why I should file and utilise my office to file submissions when I make a preliminary point. That is not the way these things are conducted,” he said.
    However, Queen’s Counsel Gale noted there was an order from the court, on November 11, 2021,
    “which ordered Sir Elliot to file submissions”.
    “And I am not filing any submissions if I do not want to file submissions. The court can’t order me to file submissions,” Sir Elliott said.
    Queen’s Counsel Gale then noted that Sir Elliott had made a preliminary point and he had responded and had disputed it. “What we are trying to do is come to a situation where this matter could be disposed of expeditiously and not bifurcated and adjourned,” Gale said.
    “And that is why I have raised the issue of giving directions for submissions. And I go back to the order of the court which Sir Elliott has not complied with because he has not responded to our submissions for the application for leave and I don’t want the position to be that if Sir Elliott loses on the preliminary point, that the court is not in a position to deal with the application for leave because he has not filed submissions in relation to that issue,” Gale said. In the end, Justice of Appeal Narine ordered that submissions be filed by March 16.
    The matter was then adjourned until May 23.

    Source: Nation

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