Section 96Part 12 — MISCELLANEOUS
Practice in the Islands of the law of another jurisdiction
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A person shall not practise in the Islands the law of another jurisdiction without the consent of the Council and a person who acts in contravention of this subsection commits an offence and is liable on summary conviction to a fine of fifty thousand dollars.
For the purposes of subsection (1), a person practises the law of another jurisdiction if —
the person practises that law for or in expectation of gain or reward; or
the person holds that person out as prepared to practise the law of another jurisdiction.
An application for consent under subsection (1) shall be made to the Council on a form approved by the Council.
The application shall be accompanied by —
the prescribed application fee;
evidence sufficient to show that the person is practising the law of another jurisdiction;
evidence that the person is qualified to practise the law of another jurisdiction; and
evidence that the person is a fit and proper person to practise the law of another jurisdiction.
The Council may give consent if the Council is satisfied —
that the person is practising the law of another jurisdiction;
that the person is a suitable person to practise that law and is qualified to practise that law; and
that to give consent would not be prejudicial to the interests of the Islands.
If the Council gives consent, the Council shall issue a certificate of consent to the person in the form approved by the Council.
The form shall specify —
the name of the person and the address in the Islands where the person practises the law of the other jurisdiction; and
the jurisdiction in respect of which the person practises that law.
The Council shall also publish a notice stating —
that the person has been given consent under this section;
the name of the person; and
the jurisdiction in respect of which the consent has been given.
The Council may cancel the consent given to a person under this section by written notice to the person if the Council is satisfied that —
the person has ceased to have any of the qualifications necessary to be given the consent; or
the practice of the law of another jurisdiction by the person has become prejudicial to the interests of the Islands.
If the Council refuses to give consent to a person or cancels the consent given to a person, the person may, within thirty days of being given notice of the refusal or cancellation, with leave of the Court of Appeal, appeal to the Court of Appeal against the refusal or cancellation on the grounds that the refusal or cancellation was unreasonable having regard to all the circumstances.
A person with consent given under this section is not required to be licensed under the Trade and Business Licensing Act (2019 Revision) or the Local Companies (Control) Act (2019 Revision).
Cross References
- Section of Trade And Business Licensing Actexternal
Trade and Business Licensing Act (2019 Revision)
- Section of Local Companies Control Actexternal
Local Companies (Control) Act (2019 Revision)