Harold C. Brady

Findings — machine-extracted (anthropic-batch:claude-opus-4-8); verify against the decision

Interlocutory decision in Miscellaneous Appeal No 1/2017 concerning Harold Brady's appeal from a Disciplinary Committee of the General Legal Council. The Committee had found Brady guilty of professional misconduct for failing to account for J$70m of a J$140m property sale (later assessed as J$111,380,364.62 owed), struck him off the Roll and ordered restitution plus interest and costs (J$50,000 to FCJ and J$30,000 to GLC). In this judgment the Court of Appeal refused Brady's applications to adduce fresh evidence (bias affidavits and the Crowe Horwath audit report), to add a new ground of appeal, and for a renewed stay of execution, and had earlier refused an application to strike out portions of the chairman's affidavit (which the court held was permissible under the self-defence exception in Canon IV(t) and the waiver doctrine). Applying Ladd v Marshall and R v Parks, the court found the proffered evidence lacked credibility and would not have changed the outcome; Brady had twice admitted before the Committee that the money was owed. No express finding of dishonesty was made in this procedural decision. Costs of the applications were reserved pending the substantive appeal (costs on the strike-out application awarded to the GLC, to be taxed or agreed).

Duties found breached:

• No conflict between current clients
• Handle inadvertently received material
• No improper use of client money
• Prompt accounting and return of money