“Unfortunately, both (Attorney Balfour Layne) and the Disciplinary Committee laboured under a mistake of law that Mrs Henry’s action was statute barred against the Transport Board,”
Ya can’t make stuff like this up, folks!
Yup, Attorney Layne had a complaint filed against him by an unsatisfied client named Glendene Henry who alleged that she hired Layne to sue the Transport Board for an injury and Layne didn’t start the legal action within the time mandated by the law.
The Disciplinary Committee of the Bar Association looked into it and agreed with the client – saying that the accident happened in January of 1997 and that the action should have been filed by January of 1998, instead of September of 1999 when Attorney Layne finally got around to filing it. Layne thought his goose was cooked and so did the big shots on the Disciplinary Committee.
Now it’s 12 years later and both Attorney Layne and the Disciplinary Committee just realised that the time mandated by law for filing the lawsuit was not one year, but three!
The lawyer actually filed within the correct time, but didn’t realise it – and neither did so-called lawyers on the Disciplinary Committee.
The bottom line is that Lawyer Balfour Layne walks free and doesn’t have to pay any damages to the client, who apparently lost her chance to pursue the action because no lawyer realised that the lawsuit as filed by Layne was, indeed, valid.
True to form, all the lawyers involved in this embarrassing debacle of justice will suffer no damage that can’t be repaired by a tonic and gin with the boys at the club.
Oh… you want to know what happens now with the client?
As usual, she is left totally screwed over by Barbados lawyers with no recourse.
Welcome to Barbados, folks!
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You can read the original article at The Nation…
Published on: 9/19/2009.
ATTORNEY BALFOUR LAYNE will not be sanctioned for any allegations of misconduct brought by a former client because he did nothing wrong.
This was the ruling of the Court of Appeal yesterday which dismissed the application brought by the Disciplinary Committee of the Bar Association.
Arguments on whether he will be granted cost have been adjourned sine die.
Layne was before the court relating to a complaint brought by former client Glendene Henry. In January 1997, Henry was a passenger in a Transport Board bus and sustained injuries in an accident. She had retained Layne as her attorney in an attempt to seek compensation but had deposed that Layne had done nothing on her behalf and the claim against the insurance company became statute-barred.
The Disciplinary Committee recommended that Layne be reprimanded, made to compensate Henry, and sent the matter to the Court of Appeal. Continue reading