SUMMARY

Recently, following a regulatory complaint by Colours Caribbean, the Bar Standards Board and Independent Reviewer concluded that Dinah Rose KC, having been instructed by foreign lawyers, was not bound by the so called “cab-rank rule” to accept instructions to appear on behalf of the Cayman Islands Government before the Privy Council in the same-sex marriage case of Day and Bodden v. Cayman Islands Government.

ARTICLE

In January 2021, Dinah Rose KC of Blackstone Chambers refused to pull out of the hearing before the Privy Council in the same-sex marriage case of Day and Bodden v. Cayman Islands Government, despite outcry from both Colours Caribbean and Oxford University LGBTQ+ Society, claiming to be bound by the “cab-rank rule” to proceed:

“The cab-rank rule applies to the Privy Council brief. As an instruction to appear in a court sitting in England in an area in which I was expert, received when I was available to act, I was obliged to accept it… Under the [Bar Standards Board] code, I am obliged to represent my client independently and fearlessly, and I am expressly forbidden to withdraw from a case because of external pressure.”

However, evidence submitted by Dr Leonardo Raznovich pursuant to instruction by Colours Caribbean—in the form of the Respondent’s form filed with the Privy Council in March 2020—demonstrated that Dinah Rose KC had been instructed, exclusively, by foreign lawyers. This form confirmed that Dinah Rose’ QC’s clients were foreign clients, the legal representative of her clients was the AG’s Chambers of the Cayman Islands and that the instructing attorneys were foreign lawyers. There were no instructing UK solicitors.

The Bar Standards Board concluded that:

“…accepting instructions from a foreign lawyer would have brought the Dinah Rose QC within the exemption at rC30.6 and meant she could, in principle, have declined the instructions to appear in the Privy Council proceedings…as a senior barrister she [Dinah Rose QC] could be expected to be aware of the cab-rank rule and its operation in practice. Taking this at its highest, this might possibly amount to evidence of recklessness.”

Dinah Rose KC has also been criticised by students from the Oxford University LGBTQ+ Society as well as students of Magdalen College, where she has been president since September 2020, for representing the Cayman Islands Government in opposing the legalisation of same-sex marriage, identifying a clear conflict of interest between her role as president and her professional obligations as a barrister.

Despite these damning findings, the Bar Standards Board has ultimately decided not to take any further action at this time with respect to Dinah Rose KC’s involvement in the case.

It is noteworthy, too, that the Cayman Islands Government concealed from the public the exorbitant legal fees paid to Dinah Rose KC for her representation. Following an investigation by the Oxford University LGBTQ+ Society and a freedom-of-information request made by Colours Caribbean, it was revealed that Dinah Rose KC was paid at least £134,000 for her initial advice; appearing in the Cayman Islands Court of Appeal in 2019; and representing the Cayman Islands Government before the Privy Council.

The harm inflicted and disregard for human dignity demonstrated by these collective, blatantly oppressive actions and the parties involved cannot be overstated.

To be clear, the defence of Dinah Rose KC was always entirely baseless; she was not obliged to appear in court. Further, the government of the Cayman Islands has effectively given a foreign barrister hundreds of thousands of its nation’s funds to assist in stripping same-sex couples and their families of equal rights in their own home.

Colours Caribbean urges both Dinah Rose KC and the Cayman Islands Government to issue a sincere apology to the lesbian, gay, bisexual, transgender, queer, intersex and asexual (LGBTQIA+) people of the Cayman Islands—in particular, same-sex couples who have long sought to be married in their place of birth or residence—for the unduly distress caused by the uncertainty of their futures, perpetuated by those in positions of power exerting their biases upon them and the local LGBTQIA+ community as a whole.

Colours Caribbean also calls on Dinah Rose KC to donate the money she earned—while not obligated to take on this homophobic work—to a worthy cause in the Cayman Islands.

ENDS

About Colours Caribbean

Colours Caribbean is a locally operated non-profit that aims to foster a safe and comfortable social environment for the lesbian, gay, bisexual, transgender, queer, intersex and asexual (LGBTQIA+) community of the Caribbean and Latin America by building a network of regional businesses and public venues free of discrimination and harassment towards anyone on the basis of their sexual orientation or gender identity. We advocate for LGBTQIA+ rights as Human Rights and promote the inclusion and equality of LGBTQIA+ persons in the Cayman Islands and throughout the Caribbean and Latin America.