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Storm blowing in legal and judicial circles
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A storm is blowing in legal and judicial circles, with a writ for alleged libel and slander issued against the chairman of the Bar Council James Neish QC.
The row finds its roots in a consultation document circulated by the Chief Minister about a Judicial Services Act which would create the Judicial Services Commission, under the new Constitution.
Following an exchange of emails, the Chief Justice's wife claims libel and slander against Mr Neish.
Allegation have been flying about as to whether members of the Bar Council should not declare any interests they may have.
The Bar Council, for its part, have now questioned the position of the Chief Justice and requested that he recuse himself from a number of cases affecting firms connected with the Council.
The Council says it is contesting the writ. A meeting is taking place.
What is the Bar Council?
The Bar Council is a voluntary association and the governing body of all lawyers in Gibraltar. It has the following additional functions:
1. To consider, lay down and implement general policy with regard to all matters affecting lawyers.
2. To maintain the standards, honour and independence of lawyers, and to promote, preserve and improve the services and functions of lawyers.
3. To make special provision for matters arising out of the peculiar nature of the legal profession as a fused profession and to regulate professional business normally conducted by solicitors and exercise functions similar to those of the Law Society, so far these are applicable to Gibraltar.
4. To represent and act for lawyers generally as well as in it's relations with others and also in matters affecting the administration of justice.
5. To consider all recommendations and other matters referred to the General Council of the Bar by any authority, lawyer or member of the public.
Any lawyer, who has been approved, admitted and enrolled as a barrister or a solicitor in Gibraltar in accordance with the Supreme Court Ordinance may become a subscriber so long as he is in practice or employed in Gibraltar.
The Council is made up of the Attorney General, an elected Chairman, Vice-chairman and Treasurer and 10 other elected members. In order to ensure a cross section of representation on the Council, lawyers are elected from each of three categories, those of more than 15 years standing, those of 7years to 15 years standing and those of less than 7 years standing.
The Council does not have any disciplinary powers. These are vested in the Chief Justice by the Supreme Court Ordinance. The Chief Justice is empowered by and appoints a committee in accordance with the Barristers and Solicitors Rules. This committee, the Admissions & Disciplinary Committee, is charged with the responsibility to investigate any complaints, report to the Chief Justice and recommend any action that he should take. The committee consists of the Attorney General, who is the Chairman, and two other lawyers of at least 10 years standing, one of whom is nominated by the Bar of Gibraltar. At present the Council nominate this member.
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