Wednesday, May 10, 2023

Don's CV

 

Justice (Retd) Don Mitchell CBE

Curriculum Vitae Ultima

Birth

15 August, 1946

Born Ian Donaldson Mitchell at Basseterre, St Kitts, to Arthur Donaldson Mitchell, civil servant, of Basseterre, St Kitts, deceased, and Murielle Agnes Mitchell nee Owen of Molyneux, St Kitts, deceased

Marital status

22 April, 1972

Married to Margaret Mary Mitchell, BA Hons (Lond), FRGS, nee McCarthy, formerly of Bristol, England

Citizenships

British Overseas Territories Citizen by naturalisation in Anguilla

 

Anguillian by virtue of section 4(3) of the Anguilla Constitution Order, 1982

 

British Citizen by virtue of the British Nationality Act, 1981 as amended in 2002

 

St Kitts-Nevis Citizen by birth

 

Saint Vincent and the Grenadines Citizen by virtue of the birth of his father in Chateaubelair on 26 November 1918

 

Grenadian Citizen by virtue of the birth of his paternal grandfather Rev Victor Donaldson Mitchell of Gouyave

Address

Owen Lane, North Hill, PO Box 83, Anguilla

Education

 

1953 - 1955

Primary School - Mrs McCarthy’s Primary School, Woodford Lodge, Chaguanas, Trinidad

1955 - 1964

Secondary School - Abbey School, Mt St Benedict, Tunapuna, Trinidad

1965 - 1967

A-Levels - Becket College, St Mary at Hill, London

1968 - 1971

Degree of the Utter Bar – Hon Society of the Inner Temple

Calls to the Bar

 

22 July 1971

Bar of England and Wales - at the Honourable Society of the Inner Temple, London

27 Sept 1971

Bar of St Kitts-Nevis - at the High Court, Basseterre, St Kitts

11 February 1981

Bar of Anguilla - at the High Court, The Valley, Anguilla

18 October 1996

The Inner Bar - at the High Court, The Valley, Anguilla

Professional

 

1 August 1971 to 28 February 1972

Pupillage at the Chambers of Frank Henville QC, Basseterre, St Kitts

1971 - 1976

Sole practitioner at Chambers rented from the estate of the late Sir Geoffrey Boone, MC, QC, Bank Street, Basseterre, St Kitts, WI

1976 - 1980

Magistrate of Anguilla; Registrar of the Supreme Court; Coroner; Registrar General of Births Deaths and Marriages; Registrar of Companies, Trade Marks, Patents, Co-operative Societies, Credit Unions, Friendly Societies, Newspapers, and Trades Unions; Secretary to the Medical Board; and Island Archivist

1981 - 1999

Senior Partner in the firm of Mitchell’s Chambers, The Valley, Anguilla, WI, acting as solicitor and counsel in over 400 High Court and Court of Appeal cases

April - July, 1997

Acting High Court Judge, Saint Vincent and the Grenadines

April – July, 1998

Acting High Court Judge, Saint Lucia

1 August 1999 to 30 Sept 2004

Upon retirement from private practice, served as a High Court Judge of the Eastern Caribbean Supreme Court in all of the nine states and territories of the region served by the Court:  The Virgin Islands, Anguilla, St Kitts and Nevis, Antigua, Montserrat, Dominica, St Lucia, Saint Vincent and the Grenadines, and Grenada

2010 - 2013

Acting Justice of the Court of Appeal of the Eastern Caribbean Supreme Court

Pro-Bono Legal Services to the Community

 

1973

Helped to establish the Caribbean Family Planning Affiliation, an umbrella organisation of Caribbean FPAs, subsequently registered it in Anguilla in 1985 as a not-for-profit corporation, and acted as its legal adviser until retirement from private practice in 1999

1978

Founding member of the Anguilla Family Planning Association, first an unregistered body, later registered as a Friendly Society, and its honorary legal adviser until retirement

1981

Registered the Anguilla Hotel and Tourism Association Ltd at the request of hoteliers Leon Royden of Malliouhana Hotel and Jeremiah Gumbs of Rendezvous Bay Hotel as a not-for-profit corporation, and acted as its legal adviser for several years

1983

Registered the Friends of the Methodist Pre-School Society as a Friendly Society, and acted as its legal adviser until retirement

1990

Registered the Anguilla Chamber of Commerce as a not-for-profit corporation, and acted as its legal adviser for several years

1993

Registered the Anguilla Marine Heritage Society as a not-for-profit corporation at the request of Evan Owen et al, and acted as its legal adviser for several years

1993

Registered the Princess Alexandra Hospital Auxiliary as a Friendly Society, and acted as its legal adviser for several years

1993

Appointed first legal adviser to the Anguilla National Trust, a statutory corporation with historical and environmental objectives, and acted as its legal adviser until retirement

1998

Registered the Caribbean Institute of Perinatology, a regional medical charitable body, as a not-for-profit corporation, and acted as its legal adviser until retirement

Other Non-legal Community Service and Awards

 

1972 - 1976

Member, and later President, of the St Kitts Jaycees, an international young person’s self-improvement organisation in Basseterre, St Kitts

1972 - 1976

Member, and later President, of the St Kitts-Nevis Family Planning Association

1975 – 1999

Volunteer and elected Member of the Board of the Caribbean Family Planning Association from its foundation until retirement from the practice of law

1978 - present

 

Founding member, (and later President, and Honorary Member) of the Anguilla Rotary Club, an international community service organisation

1980 - 1989

Elected by the family planning associations of the Caribbean to serve as a Board Member of the International Planned Parenthood Federation (Western Hemisphere Region) Inc, a New York-based not-for-profit corporation which acts as an umbrella organisation for all the FPAs of the Americas

1983

Past President, and Trustee Emeritus of the Anguilla Archaeological and Historical Society

1983 - 1999

 

Founding member, later President, of the Anguilla Bar Association

1986 - 1999

Member of the Fountain National Park Development Committee, appointed by Parliamentary Secretary, Rev John A Gumbs

1988

 

Made a Paul Harris Fellow of Rotary International by the Anguilla Rotary Club in recognition of service to the community

1988 - 1999

 

Member of the Caribbean Conservation Association, a Barbados-based regional conservation organisation, subsequently serving as a member of its Board of Directors

1989 - 1992

 

Elected Honorary International Legal Counsel to the International Planned Parenthood Federation, a London-based umbrella organisation of all the world’s family planning associations

1990 - present

Life member of the Association of Caribbean Historians

1991 - 1999

 

Founding member and long-time Board Member of the OECS Bar Association

1991 - 1999

 

Coach to the Albena Lake-Hodge Comprehensive School Literary and Debating Society, preparing students each year to compete in the Leeward Islands Debating Competition

1991 - present

Life member of the St Kitts Heritage Society, a conservation and historical society

1993 - 1999

 

Member of the Anguilla National Steering Committee for Money and Capital Markets of the ECCB, appointed by the Minister of Finance

1994 - 1999

Member and later President of the Anguilla Financial Services Association, which groups all lawyers, accountants and company management services in Anguilla

1995

 

Appointed a Senator of Jaycees International for services to the Anguilla Jaycees, #54198

1995 - 1999

 

Member of the Marine Wrecks Committee, appointed by the Parliamentary Secretary to advise on the conservation of Anguilla’s underwater heritage

2005

 

Appointed by Her Majesty as Commander of the British Empire (CBE) for legal services to Anguilla and the region

Post-Judicial Public Service

 

2004 - 2009

Chair of the Anguilla Public Service Integrity Board

2006 - 2015

Trained Mediator for the Court Administered Mediation Project

2006

Chair of the Constitutional and Electoral Reform Commission, appointed by the Governor in Council in Anguilla.  The report can be found here:  http://www.gov.ai/constitutional_reform.php

2006

Chair of the Angelus Board of Assessment appointed by Sir Cuthbert Sebastian, Governor General of St Kitts and Nevis

2006 - 2016

Volunteer lawyer at the Anguilla Legal Aid Clinic providing free legal aid services out of the offices of the Department of Social Development and Her Majesty’s Prison - With the assistance of members of the Anguilla Bar Association

2007 - 2016

Lecturer in CAPE Law at the Albena Lake-Hodge Comprehensive School, The Valley, Anguilla – with assistance from the members of the Anguilla Bar Association while absent from Anguilla on judicial service.  See below also under “Publications”

2009

Sole Commissioner to Inquire into the Antigua Public Utilities Authority, appointed by the Cabinet of Antigua and Barbuda.  The resulting Report can be found at:

https://donmitchellcbeqc.blogspot.com/2006/02/4-apua-report-14-december-2005.html

2015 - 2017

Chair of the Anguilla Constitutional and Electoral Reform Committee, appointed by the Executive Council of Anguilla.  The resulting Report can be found at:

http://www.gov.ai/documents/anguilla_constitutional_electoral_reform.pdf

2016 - 2018

Board Member of the Anguilla Financial Services Commission: 

http://www.fsc.org.ai/

Publications, Papers and Presentations

 

1990

Anguilla from the Archives, 1650-1776.  A history of the first settlers of Anguilla, in 19 Chapters (revised July 2017 and August 2019) as follows:

 

Anguilla From the Archives, 1650 - 1776:  Introduction and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/0._anguilla_from_the_archives._introduction.pdf

 

Chapter 1.  The Geology and Botany of Anguilla and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/1._the_geology_and_botany.pdf

 

Chapter 2.  The Amerindians and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/2._the_amerindians.pdf

 

Chapter 3.  The Carib Raid and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/3._the_carib_raid.pdf

 

Chapter 4.  The First Generation and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/4._the_first_generation.pdf

 

Chapter 5.  The Second Generation and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/5._the_second_generation.pdf

 

Chapter 6.  War and the Settlers and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/6._war_and_the_settlers.pdf

 

Chapter 7.

The Leeward Islands [Part 1]

The Leeward Islands [Part 2]

And also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/7._the_leeward_islands.pdf

 

Chapter 8.  Pirates and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/8._pirates.pdf

 

Chapter 9.  The Lure of Crab and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/9._the_lure_of_crab.pdf

 

Chapter 10.

Crab Island Revisited [Part 1]

Crab Island Revisited [Part 2]

And also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/10._crab_island_revisited.pdf

 

Chapter 11.  Cotton and Salt and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/11._cotton_and_salt.pdf

 

Chapter 12.  The French Wars also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/8._pirates.pdf [different chapter title]

 

Chapter 13.  Resettlement Plans and also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/13._resettlement_plans.pdf

 

Chapter 14.

The Third and Fourth Generations [Part 1]

The Third and Fourth Generations [Part 2]

Also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/14._the_third_and_fourth_generations.pdf

 

Chapter 15.  Settling St Croix also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/15._settling_st_croix.pdf

 

Chapter 16.  Government Arrives also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/16._government_arrives.pdf

 

Chapter 17.  The Council also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/17._the_council.pdf

 

Chapter 18.

Sugar Arrives [Part 1]

Sugar Arrives [Part 2]

Also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/18._sugar_arrives.pdf

 

Chapter 19.  Conclusion also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/19._conclusion.pdf

2002, 8 July

Fact-Finding.  A presentation to the Magistrates’ Orientation Programme held in Antigua

2004, 18 February

Hallowed Ground  An after-dinner speech to the Attorneys General of the United Kingdom and the British Overseas Territories, at Peter Island in the Virgin Islands, while temporarily assigned to the High Court in Tortola

2004, 10 July

Recent Developments in Caricom Law.  A presentation to the participants at the 11th meeting of the Caribbean Association of Law Librarians in Nassau, Bahamas, on the coming into effect of the CSME

2006 - 2010

Corruption-free Anguilla Blog.  A collection of social commentary essays published over several years.

2006, 13 March

Ethics and Integrity in the Government of Anguilla  A presentation made at an Ethics and Integrity in Government Workshop, held in Antigua, March 13th–15th, 2006, with participation from Anguilla and the other BOTs in the Caribbean.

2006, 6 June

Constitutional and Electoral Reform:  The Situation So Far  The 6th Annual Social Security “Walter G Hodge Memorial Anguilla Day Lecture”.  A public lecture delivered at the House of Chandeliers, South Hill, Anguilla.  An early draft of the eventual Report of the 2006 Commission’s Report.

2006, 25 August

Report of the Constitutional and Electoral Reform Commission.  (Chairman, Don Mitchell)

2007, 15 March

40 Years of the Eastern Caribbean Supreme Court.  A speech delivered by invitation to the Court and the Bar in Antigua on the 40th anniversary of the Eastern Caribbean Supreme Court

2007, 1 March

Law and the Anguilla Revolution:  An article written for publication in the 40th Anniversary of the Anguilla Revolution Magazine.  Also published by the Anguilla Archaeology and Historical Society at

http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/law_and_the_anguilla_revolution.pdf

2008, 13 March

A Constitutional History of Anguilla.  A presentation to the Anguilla National Youth Council.  Based on the Introduction to the 2006 Report.  Also published by the Anguilla Archaeological and Historical Society at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/a_constitutional_history_of_anguilla.pdf  

2010, 16 June

The Place-names of Anguilla.  A speech to the AGM of the Anguilla Archaeological and Historical Society

2010 – present

Don Mitchell's Published Papers Blog  A collection of papers that I may need to refer to when on line, and for which a link can be easily provided

2011, 18 March

Cultural Identity.  A presentation to the Youth Group of the Church of God (Holiness) at Pope Hill in Anguilla which examines some of the negative and some of the positive aspects of Anguilla culture, and which caused some of the “youth” to walk out of the Church Hall in protest

2011, 6 April

Compulsory Acquisition of Land in the Eastern Caribbean.  A presentation to the Offshore Alert Conference in Miami on 6 April 2011, answering allegations that US-owned private property in the Eastern Caribbean was at risk of arbitrary confiscation without compensation.

2011, 28 April

New Perspectives in Oppression: The British Foreign and Commonwealth Office and the West Indian Colonies in 2011:  A paper critical of the FCO’s failure to develop institutions of good government, delivered at the University of the West Indies ‘Anguilla Conference’ held at the National Bank of Anguilla Conference Room. 

Also published in two parts on my Blog:

Part 1,  https://donmitchellcbeqc.blogspot.com/2011/04/beyond-walls-part-1.html

And, Part 2, https://donmitchellcbeqc.blogspot.com/2011/04/beyond-walls-part-2.html

2011, 17 November

Sexual Harassment.  A presentation to a Judges’ Colloquium on Gender and the Law, held in Castries, St Lucia.

2013, 4 January

Eulogy at Mother's Memorial Service.  Eulogy at the Memorial Service of Muriel Agnes Schleifer, formerly Mitchell, born Owen.

2014, 12 September

Election-related Litigation in the OECS: Withstanding Interlocutory Strike-out Applications.  A presentation at an OECS Bar Association Panel Discussion held during the 11th Regional Law Conference in Anguilla.

2015, 10 August

Government, Parliament and the Judiciary.  A presentation made to local, regional, and international parliamentarians at a post-general election seminar held at the La Vue Hotel Conference Room, South Hill, Anguilla.

2015, 3 October

A Corrupting Independence.  A paper read at the annual Island Dynamics Conference held at the University of Greenland in Nuuk on the theme, ‘Indigenous Resources: Decolonisation and Development’.

2016, 21 May

What Value Myth over History?  A presentation to the Anguilla Literary Festival meeting at CuisinArt Hotel in Anguilla.

2016, 6 April

The Public Accounts Committee in Anguilla.  A presentation to the PAC Workshop held at the House of Assembly on the topic, “Engaging Civil Society Organisations in the Work of the Public Accounts Committee of the House of Assembly of Anguilla.

2016, 16 September

Financial Regulatory Issues Affecting the Commonwealth Caribbean.  A presentation to the OECS Bar Association’s Annual Law Fair and Conference, held at the Sandals Grande Hotel in St Lucia.

2016, 3 November

Constitutional Reform - A Personal Perspective  A public presentation made at the Annual Law Week of the Grenada Bar Association in St George’s, Grenada.

2016, 3 December

Some of the Most Important Issues for Constitutional Reform.  A presentation to the Continuing Legal Education Seminar of the OECS Bar Council meeting in Anguilla.  A revised version of a public presentation previously made in Grenada.

2017, 27 February

Celebrating the Past, Embracing the Future.  A speech, delivered by invitation, to commemorate the 50th anniversary of the Eastern Caribbean Supreme Court, 1967 – 2017.

Also published on my Blog at https://donmitchellcbeqc.blogspot.com/2017/02/50-years-of-ecsc.html. 

Also published at http://www.aahsanguilla.com/uploads/7/3/7/1/7371196/celebrating_the_past.pdf

2017, 31 March

Report of the Constitutional and Electoral Reform Committee.  (Don Mitchell, Chairman) (Delivered to the Executive Council of the Government of Anguilla)

2017, 12 September

Anguilla's Judicial System.  A presentation commemorating the 50th anniversary of the Eastern Caribbean Supreme Court.  Also published on my Blog at

https://donmitchellcbeqc.blogspot.com/2017/09/anguillas-judicial-system-1650-2017.html

2018, 8 June

The History and Evolution of the Court System in Anguilla.  A speech delivered at the launch of the Computerised Registry System at the Court House.  Also published on my Blog at https://donmitchellcbeqc.blogspot.com/2018/06/court-system-of-anguilla.html

2018, 28 October

https://donmitchellcbeqc.blogspot.com/2018/10/debtors-jail_28.html

An essay on the history of Debtor’s Prison in St Kitts, Nevis and Anguilla

2019, 24 January

https://donmitchellcbeqc.blogspot.com/2020/05/the-hypoglycemia-defence-in-anguilla.html

An essay on the risk of ordering filleted snapper in Anguilla

2019, 31 December

https://donmitchellcbeqc.blogspot.com/2020/05/the-hypoglycemia-defence-in-anguilla.html

An essay on Ronald Webster’s relationship with labour in Anguilla

2020, 5 May

https://donmitchellcbeqc.blogspot.com/2020/05/the-hypoglycemia-defence-in-anguilla.html

The Hypoglycemia defence in Anguilla

2021, 6 January

https://donmitchellcbeqc.blogspot.com/2021/01/gods-mother-and-father.html

An essay on God’s mother and father

2021, 6 January

https://donmitchellcbeqc.blogspot.com/2021/01/on-god_6.html

An essay on God

2021, 25 November

https://donmitchellcbeqc.blogspot.com/2021/11/wallblake-airport-and-tintamarre-during.html

A historical note on Wallblake and Tintamarre

2022, 24 February

https://donmitchellcbeqc.blogspot.com/2022/02/roads-in-anguilla.html

An essay critical of the handling in Anguilla of public and private roads

2022, 27 February

https://donmitchellcbeqc.blogspot.com/2022/02/non-roads.html

An essay critical of the abuse of the public roads system in Anguilla

2022, 3 June

https://donmitchellcbeqc.blogspot.com/2022/06/taxis.html

An essay on the risks presented by unregistered taxis in Anguilla

2022, 15 July

https://donmitchellcbeqc.blogspot.com/2022/07/abandoned-estates-in-anguilla.html

An essay on unadministered estates in Anguilla

2022, 11 November

https://donmitchellcbeqc.blogspot.com/2022/11/casinos-soon-coming-to-anguilla.html

A first essay critical of government’s proposal to introduce casinos to Anguilla

2022, 8 December

https://donmitchellcbeqc.blogspot.com/2022/12/new-anguillian-morality.html

An essay critical of government’s proposal to introduce casino gambling into Anguilla

2022, 16 December

https://donmitchellcbeqc.blogspot.com/2022/12/modern-slavery-in-anguilla.html

An essay on the abuse of foreign employees by employers in Anguilla

2023, 11 February

https://donmitchellcbeqc.blogspot.com/2023/02/integrity-in-public-service.html

An essay on Integrity in the Public Service.

2023, 6 April

A Short History of Anguilla’s Parliament: A Presentation to members of the Commonwealth Parliamentarians Association meeting in Anguilla: https://donmitchellcbeqc.blogspot.com/2023/04/a-short-history-of-anguillas-parliament.html

 

A series of six textbooks for CAPE Law students in Anguilla published by Emmanuel Publishing House of Dominica

2019

3rd Edition (with Stanley E Reid) as follows:

 

Unit 2 - The Law of Tort for Anguilla

 

Unit 2 - The Law of Contract for Anguilla

 

Unit 2 – The Law of Real Property for Anguilla

 

Unit 1 – Caribbean Legal Systems for Anguilla

 

Unit 1 – Principles of Public Law for Anguilla

 

Unit 1 – Criminal Law for Anguilla

 

A series of six textbooks for CAPE Law students in Grenada also published by Emmanuel Publishing House of Dominica

 

2nd Edition (with Jasmin Redhead) as follows:

 

Unit 2 – The Law of Contract for Grenada

 

Unit 2 - The Law of Tort for Grenada

 

Unit 2 – The Law of Real Property for Grenada

 

1st Edition (with Arya Redhead) as follows:

 

Unit 1 – Caribbean Legal Systems for Grenada

 

Unit 1 – Principles of Public Law for Grenada

 

Unit 1 – Criminal Law for Grenada

Revised January 16, 2019

8 October 2019

10 May 2023