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discipline 4 October 2026
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Decision record

Barrington E. Frankson

JurisdictionJamaica
BodyGeneral Legal Council — Disciplinary Committee (GLC)
Professionattorney
Case number8 of 2005
DateJuly 27, 2006
OutcomeAppeal allowed, matter returned to Court of Appeal

Allegation / charges

Appeal allowed, matter returned to Court of Appeal | Privy Council decision delivered July 27, 2006. Court of Appeal Decision | GLC Disciplinary Committee decision View PDF Privy Council Appeal No 8 of 2005 General Legal Council ex parte …

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

SanctionOther
Dishonesty foundNo

This Privy Council appeal concerned whether section 12 of the Legal Profession Act (Jamaica) required an aggrieved person (Mrs Monica Whitter) to personally make the complaint and affidavit against her former attorney Barrington Frankson, or whether her son Basil Whitter could do so as her agent. The Disciplinary Committee had originally struck Frankson off the roll and ordered restitution, but the Court of Appeal held by majority that the Committee lacked jurisdiction because the affidavit was not sworn personally. The Privy Council held this was too narrow, applying the principle qui facit per alium facit per se, and found the application was properly made through an agent. The appeal was allowed with costs and the matter remitted to the Court of Appeal to hear on the merits, with a stay of the Committee's orders. No substantive misconduct findings were made by the Privy Council.

Duties engaged

Other decisions involving this respondent

  • 52 of 1999 2004-03-02 · GLC · Jamaica · Appeal allowed; Court of Appeal decision delivered March 02…
  • 5 of 1997 1999-05-01 · GLC · Jamaica · Struck off, Restitution ordered

Matched by respondent name — may include a different person with the same name.

Documents

Source: https://www.generallegalcouncil.org/judgement/barrington-e-frankson-complaint-no-8-of-2005/