- [Civil. Law Society’s appeal from decision of Acting Chief Justice admitting R. as an Advocate and Solicitor in Brunei Darussalam dismissed. R a person who is neither a citizen of nor a permanent resident in Brunei Darussalam. No order for costs.
- Meaning of “qualified person” within ss.3 and following of the Legal Profession Act, CAP 132 (“the LPA”), together with the requirement of being in “active practice” in the UK “for at least 7 years immediately preceding” the application.
- Consideration of requirement of “good character” in ss. 4(b) and 5 of the LPA and duty of candour on applicant.
- Role of Law Society: gravity of an allegation calling into question a professional’s good character or alleging a want of candour.
- In the generality of cases, the correct approach in Brunei Darussalam is to welcome those who have the expertise and experience to contribute to the practice of law in Brunei Darussalam and the development of this jurisdiction, subject, always, to insistence on the requisite standards, namely: that applicant is a qualified person and of good
character. Touchstone throughout is the public interest. Task is to balance benefits to the public interest of Brunei Darussalam in admitting such foreign practitioners while maintaining requisite standards.
- Inherent jurisdiction: Order framed to deal with applicant’s withdrawal of Petition and stated intention of not returning to Brunei Darussalam]
Decision date: 1 Nov 2025
