Lawyer granted leave to challenge GLC ruling before Privy Council

Attorney-at-law Carleen McFarlane, who was found guilty by the Disciplinary Committee of the General Legal Council (GLC) in July 2020 of inexcusable or deplorable negligence in the performance of her duties for a former client, is taking the issue to the United Kingdom-based Privy Council.

The committee, after conducting a hearing, made its decision and ordered McFarlane to make restitution of $350,000 to the complainant Carl Benjamin and pay legal costs of $300,000.

Benjamin had complained in February 2014 that on the cancellation of a sale agreement for a property to which he was a prospective co-purchaser, McFarlane without his consent paid over the full deposit refund to the other co-purchaser.

In response to the complaint filed, McFarlane wrote to the GLC indicating that the payment was authorised by the prospective purchasers' response to question 19 in a questionnaire which asked “who would be responsible for making arrangements for general conduct of the matter?”

She said the answer to the question was Kayon Thompson and /or Benjamin, the complainant.

Benjamin claimed that the entire deposit came from him because Thompson was not in a position to make a deposit and that was made known to McFarlane and her legal assistant.

McFarlane appealed the ruling but in December last year the Court of Appeal found that the committee was justified in making its decision and dismissed the appeal.

Leave was granted by the Court of Appeal on Monday for McFarlane to take her case to the Privy Council.

Attorney-at-law Hugh Wildman, who made the application for leave to appeal, says there are important points of law to be determined by the Privy Council because McFarlane acted on instructions.

The committee's order has been stayed until the Privy Council makes a determination.

 - Barbara Gayle

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