Beautiful Virgin Islands

Thursday, Dec 25, 2025

BVI Parliamentary Speaker accuses British judge of judicial activism

BVI Parliamentary Speaker accuses British judge of judicial activism

House of Assembly Speaker, Hon Julian Willock has accused British Judge Adrian Jack of judicial activism over the awarding of court cost in the withdrawn Commission of Inquiry (CoI) injunction againt three CoI lawyers.

Hon Willock made the accusations under Announcements by the Speaker at today’s September 22, 2021, 12th Sitting of the 3rd Session of the 4th House of Assembly of the Virgin Islands (VI) held at the Save the Seed Energy Centre in Duff’s Bottom, Tortola.

Hon Willock made the accusations under announcements by the speaker at today’s September 22, 2021, 12th Sitting of the 3rd Session of the 4th House of Assembly of the Virgin Islands (VI) held at the Save the Seed Energy Centre in Duff’s Bottom Tortola.


Case brought in official capacity as Speaker - Hon Willock


According to the Speaker, “There has been much public discourse within the last week about… who is to pay the legal costs for the withdrawal of an injunction brought before the courts in my official capacity as Speaker,” he opened the statement.

Hon Willock had tried to prevent the three Attorneys attached to the Commission of Inquiry, Bilal M. Rawat, Andrew King and Rhea Harrikissoon from carrying out duties in relation to their appointments until and unless their appointment was deemed to be valid, in keeping with the Legal Professions Act of 2015.

However, Justice Adrian Jack had said that the only thing missing to enable the injunction to be heard was the consent of the AG, as Hon Willock had no legal standing to carry forward the injunction on his own. The case was then withdrawn.

According to court documents, the defendants are claiming $71,388.59 in court costs and the Attorney-General is claiming $6,084.

Andrew King, left, and Bilal M. Rawat, right, are two of the three lawyers currently assisting the UK-sponsored Virgin Islands (VI) Commission of Inquiry (CoI) and have been accused of practicing law in the territory while not being called to the BVI Bar, a violation of the Legal Professions Act 2015.


Strange request by Judge Jack


However, UK Judge Adrian Jack asked Hon Willock to prove that Silk Law was representing him in his official capacity and not in a private capacity.

According to the Speaker in his statement, “Never in recent jurisprudence in the Region or the United Kingdom has there been an issue when a plaintiff brings a matter to court, loses or withdraws, that the case goes to a legal or public debate about who will take up the cost.”

The speaker also indicated that it was unusual for the Court to require a party to prove how their lawyers are being financed.

“Many have argued that this is an overreach of the judicial branch, with no regards or respect for the three equal branches of Government,” he said.

Accusing the Judge of judicial activism, Hon Willock underscored that the conundrum over cost may also be an interference against the Legislature, given the House of Assembly has the right to bring any matter to court, independent of the Attorney General, Hon Dawn J. Smith.

HoA has right to take matters to court - Hon Willock


“That is why, from 2004, this House, in its wisdom, voted to set up an account via the Budget process within the House of Assembly for such actions, under the ambit of the Clerk.

He said he will not speculate as to why suddenly, "it is a concern for a British Judge, as to who pays for a matter that was clearly stated in all filings coming from the Speaker and the Deputy Speaker.”

Hon Willock said for the VI, its young democracy and the rule of law remain at stake over the matter, given the attempts of those who wish to deliberately undermine and intimidate the Legislature.

The Virgin Islands must be a place where the rule of law applies to all residents, visitors, all branches of Government, and even personnel of the Commission of Inquiry,“ Hon Willock concluded.

Judicial Activism


Judicial activism is a controversial judicial practice, particularly in the United States.

It is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions.

Judicial activism is also usually a term that implies that judges make rulings based on their own political agenda rather than precedent and take advantage of judicial discretion.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
UK Mortgage Rates Edge Lower as Bank of England Base Rate Cut Filters Through Lending Market
U.S. Supermarket Gives Customers Free Groceries for Christmas After Computer Glitch
Air India ‘Finds’ a Plane That Vanished 13 Years Ago
Caviar and Foie Gras? China Is Becoming a Luxury Food Powerhouse
Hong Kong Climbs to Second Globally in 2025 Tourism Rankings Behind Bangkok
From Sunniest Year on Record to Terror Plots and Sports Triumphs: The UK’s Defining Stories of 2025
Greta Thunberg Released on Bail After Arrest at London Pro-Palestinian Demonstration
Banksy Unveils New Winter Mural in London Amid Festive Season Excitement
UK Households Face Rising Financial Strain as Tax Increases Bite and Growth Loses Momentum
UK Government Approves Universal Studios Theme Park in Bedford Poised to Rival Disneyland Paris
UK Gambling Shares Slide as Traders Respond to Steep Tax Rises and Sector Uncertainty
Starmer and Trump Coordinate on Ukraine Peace Efforts in Latest Diplomatic Call
The Pilot Barricaded Himself in the Cockpit and Refused to Take Off: "We Are Not Leaving Until I Receive My Salary"
UK Fashion Label LK Bennett Pursues Accelerated Sale Amid Financial Struggles
U.S. Government Warns UK Over Free Speech in Pro-Life Campaigner Prosecution
Newly Released Files Shed Light on Jeffrey Epstein’s Extensive Links to the United Kingdom
Prince William and Prince George Volunteer Together at UK Homelessness Charity
UK Police Arrest Protesters Chanting ‘Globalise the Intifada’ as Authorities Recalibrate Free Speech Enforcement
Scambodia: The World Owes Thailand’s Military a Profound Debt of Gratitude
Women in Partial Nudity — and Bill Clinton in a Dress and Heels: The Images Revealed in the “Epstein Files”
US Envoy Witkoff to Convene Security Advisers from Ukraine, UK, France and Germany in Miami as Peace Efforts Intensify
UK Retailers Report Sharp Pre-Christmas Sales Decline and Weak Outlook, CBI Survey Shows
UK Government Rejects Use of Frozen Russian Assets to Fund Aid for Ukraine
UK Financial Conduct Authority Opens Formal Investigation into WH Smith After Accounting Errors
UK Issues Final Ultimatum to Roman Abramovich Over £2.5bn Chelsea Sale Funds for Ukraine
Rare Pink Fog Sweeps Across Parts of the UK as Met Office Warns of Poor Visibility
UK Police Pledge ‘More Assertive’ Enforcement to Tackle Antisemitism at Protests
UK Police Warn They Will Arrest Protesters Chanting ‘Globalise the Intifada’
Trump Files $10 Billion Defamation Lawsuit Against BBC as Broadcaster Pledges Legal Defence
UK Says U.S. Tech Deal Talks Still Active Despite Washington’s Suspension of Prosperity Pact
UK Mortgage Rules to Give Greater Flexibility to Borrowers With Irregular Incomes
UK Treasury Moves to Position Britain as Leading Global Hub for Crypto Firms
U.S. Freezes £31 Billion Tech Prosperity Deal With Britain Amid Trade Dispute
Prince Harry and Meghan’s Potential UK Return Gains New Momentum Amid Security Review and Royal Dialogue
Zelensky Opens High-Stakes Peace Talks in Berlin with Trump Envoy and European Leaders
Historical Reflections on Press Freedom Emerge Amid Debate Over Trump’s Media Policies
UK Boosts Protection for Jewish Communities After Sydney Hanukkah Attack
UK Government Declines to Comment After ICC Prosecutor Alleges Britain Threatened to Defund Court Over Israel Arrest Warrant
Apple Shutters All Retail Stores in the United Kingdom Under New National COVID-19 Lockdown
US–UK Technology Partnership Strains as Key Trade Disagreements Emerge
UK Police Confirm No Further Action Over Allegation That Andrew Asked Bodyguard to Investigate Virginia Giuffre
Giuffre Family Expresses Deep Disappointment as UK Police Decline New Inquiry Into Andrew Mountbatten-Windsor Claims
Transatlantic Trade Ambitions Hit a Snag as UK–US Deal Faces Emerging Challenges
Ex-ICC Prosecutor Alleges UK Threatened to Withdraw Funding Over Netanyahu Arrest Warrant Bid
UK Disciplinary Tribunal Clears Carter-Ruck Lawyer of Misconduct in OneCoin Case
‘Pink Ladies’ Emerge as Prominent Face of UK Anti-Immigration Protests
Nigel Farage Says Reform UK Has Become Britain’s Largest Party as Labour Membership Falls Sharply
Google DeepMind and UK Government Launch First Automated AI Lab to Accelerate Scientific Discovery
UK Economy Falters Ahead of Budget as Growth Contracts and Confidence Wanes
Australia Approves Increased Foreign Stake in Strategic Defence Shipbuilder
×