Hit the road Jack? Adrian Jack’s appointment as High Court Judge ends
Mr Jack was appointed as Acting High Court Judge in the Commercial Division of the High Court, Territory of the Virgin Islands, for a period of two [2] years with effect from November 18, 2020.
Jack hits the road!
Confirmation of Mr Jack no longer serving in the High Court was given by Chief Justice Dame Janice M. Pereira at the opening of the 2023 Law Year on January 10, 2023.
Last year we also bid farewell to two judicial officers, in the persons of this Lordship the Hon Adrian Jack, High Court Judge, the Commercial Division, in the Territory of the Virgin Islands and Master Charon Gardener-Hippolyte,” Justice Pereira stated.
Mr Jack was a Justice of the Supreme Court of Gibraltar for three years, before starting his appointment in the [British] Virgin Islands.
Hon Willock had tried to prevent the three United Kingdom attorneys attached to the Virgin Islands Commission of Inquiry, Bilal M. Rawat, Andrew King and Rhea Harrikissoon from carrying out duties in relation to their appointments until and unless their appointment was deemed to be valid, in keeping with the Legal Professions Act of 2015.
However, Justice Jack had said that the only thing missing to enable the injunction to be heard was the consent of the AG, as Hon Willock had no legal standing to carry forward the injunction on his own. The case was then withdrawn.
Strange request by Jack
However, Judge Jack asked Hon Willock to prove that Silk Law was representing him in his official capacity and not in a private capacity.
According to the Speaker in a statement in the House of Assembly on September 22, 2021, “Never in recent jurisprudence in the Region or the United Kingdom has there been an issue when a plaintiff brings a matter to court, loses or withdraws, that the case goes to a legal or public debate about who will take up the cost.”
The speaker also indicated that it was unusual for the Court to require a party to prove how their lawyers are being financed.
Accusing the Judge of judicial activism, Hon Willock underscored that the conundrum over cost may also be an interference against the Legislature, given the House of Assembly has the right to bring any matter to court, independent of the Attorney General, Hon Dawn J. Smith.
Judicial Activism
Judicial activism is a controversial judicial practice, particularly in the United States.
It is a judicial philosophy holding that the courts can and should go beyond the applicable law to consider broader societal implications of its decisions.
Judicial activism is also usually a term that implies that judges make rulings based on their own political agenda rather than precedent and take advantage of judicial discretion.
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