Principal Crown Counsel (Civil and Commercial)

The Attorney General’s Chambers invites suitably qualified applicants to apply for the position of Principal Crown Counsel (Civil and Commercial).

Principal Crown Counsel (Civil and Commercial)

Mandate: 

The role of Principal Crown Counsel is to head the Civil and Commercial Division within the Attorney-General’s Chambers (AGC), taking primary responsibility for instituting or defending civil, commercial or constitutional proceedings on behalf of the Crown in accordance with the laws of Anguilla. This role also entails performing a broad range of legal duties and functions as Counsel on behalf of the Attorney-General.

In addition, the Principal Crown Counsel manages the Civil and Commercial Team within the AGC, ensuring that the division meets its aims and objectives as outlined in the Business Plan. Responsibilities include but are not limited to, representing the Crown in claims against government departments, agencies or officials, initiating legal proceedings on behalf of the Crown, and providing authoritative legal advice, opinions, and guidance to government ministries and public bodies.  Supporting the Attorney-General in fulfilling constitutional and statutory functions related to civil and commercial law.

Key Functions

• Assist the Deputy Attorney-General in managing the workings of the Civil and Commercial Team.
• Advise HE the Governor, Government Ministries and Departments.
• Represent the Crown in legal proceedings.
• Institute and defend legal proceedings on behalf of the Crown.

Key Duties (A Few)

Main Responsibilities

Litigations: Reporting to the Attorney General, lead responsibility for all matters concerning the civil, commercial or constitutional proceedings in Anguilla including:

1. Institute civil proceedings on behalf of the Crown to recover moneys or property due to the      Government; to enforce planning and building laws and regulations, and generally to protect the interests of the Government and the public.
2. Represent the Crown in claims against the Government, its officers and/or employees.
3. Provide legal advice and guidance to the Ministries and Departments of Government.
4. Participate in the negotiation and drafting of Memoranda of Understanding in connection with potential inward investment in Anguilla.
5. Deal with civil matters (where required) arising from criminal investigations or prosecutions, including advising on forfeiture of seized assets and funds.
6. Represent the Crown in regional and international conferences, workshops and seminars.
7. Advise on and draft contracts between the Government and third parties.
8. Prepare detailed analysis of complex, factual and legal issues that concern civil and commercial matters in Anguilla;
9. Research, identify and recommend necessary amendments to modernise and improve civil/commercial laws and procedures and the legal framework for litigation matters

Management / Supervision: The Principal Crown Counsel will have responsibility for securing the efficient and effective operation of the Civil and Commercial Division of the AGC:

10. Supervise  Senior Crown Counsel and Crown Counsel including allocating and monitoring of work, advising and guiding on responsibilities, training and mentoring and undertaking performance management responsibilities;
11. Responsibility for continuous development to raise the skills and standards of the Civil and Commercial Division; and
12. Assists the Attorney-General with the supervision of the staff of the AGC generally;

Strategic and Corporate Responsibilities: As second in command to the Attorney General in the Civil and Commercial Division of the AGC, contribute to the corporate leadership and management of the AGC:

13. Setting priorities and achieving targets and objectives consistent  with those of the wider Justice System;
14. Maintaining the independence of the Civil and Commercial Division in the exercise of its constitutional and statutory functions;
15. Carrying out representational duties on behalf of the Attorney General both locally and internationally; and
16. Promoting effective community engagement which inspires and raises public confidence in the Civil and Commercial Division

Performance Parameters

(i)       Compliance with the goals of the Legal Department.

(ii)      Compliance with the aims and objectives of the Civil and Commercial Team.

(iii)      Compliance with personal objectives.

(iv)      Extent to which legal representation achieves targeted outcomes.

Scope of The Job

The job carries significant responsibility as the Head of the Civil and Commercial Team in the Attorney General’s Chambers.  It also offers the scope of providing advice to Government departments and to represent the Government, its departments and officers in all civil and quasi-civil legal proceedings.

Professional Qualifications 

Minimum qualifications and experience.

• Legally qualified to practice in a common law jurisdiction including higher rights of audience;
• A minimum of ten (10) years of comprehensive knowledge and practical civil and commercial litigation experience
• Experience appearing before the appellant courts in the applicant's native jurisdiction and  before a Court of Appeal;
• At least seven (7) years of experience at a senior supervision level, which includes providing visible leadership to ensure the timely and efficient delivery of litigation in civil and commercial matters.
• Experience in taking decisions personally in serious, difficult and complex cases