The Head of Litigation of TAGLaw members Henlin Gibson Henlin (Jamaica) and Hunte & Co. (British Virgin Islands), M. Georgia Gibson Henlin, KC, appeared before the Judicial Committee of the Privy Council on 30 November 2022 representing the Jamaican Bar Association in the matter of The General Legal Council and Another v The Jamaican Bar Association, an important case relating to AML compliance and its scope in relation to lawyers.
The Jamaican Bar Association (JBA) is a company incorporated in Jamaica whose members are attorneys–at–law and whose objectives are (among other things) to promote the interests of attorneys in Jamaica. The General Legal Council (GLC) is the statutory body in Jamaica responsible for regulating the legal profession. The Jamaican statutory regime to combat money laundering is comprised of primary legislation, secondary legislation, and non-statutory guidance (the Regime). The JBA considers that the duties imposed by the Regime upon attorneys are unconstitutional because, inter alia, they undermine legal professional privilege and the independence of the Bar.
The JBA brought a claim seeking declaratory relief to that effect, injunctive relief, and other constitutional redress against the Attorney General and the GLC. On 4 May 2017, the Supreme Court (sitting as the Full Court) dismissed the JBA’s claim and declared that the Regime was constitutional. The JBA appealed. On 30 July 2020, the Court of Appeal allowed the JBA’s appeal in part. The Court of Appeal considered that certain of the provisions which form the Regime contravened the Charter of Fundamental Rights and Freedoms (Amendment) Act 2011 whereas other provisions were valid and lawful. With leave of the Court of Appeal, the GLC and the Attorney General appealed to the Privy Council. Judgment is reserved.
