Lawyer Julian Hall has quit as legal consultant to a company locked in dispute with Government, and taken up a Government consultancy.

Mr. Hall had been advising ProActive Management Services on its battle with the Ministry of Works and Engineering over being fired from building the new Berkeley Institute.

It was revealed during a recent application to have Mr. Hall's bankruptcy discharged that he has recently been hired by the Ministry of Works and Engineering on a $119,000 per-year contract.

In a written response to questions after the case from this newspaper, he explained: "From the beginning of January 2005 to 21st January 2008, I have provided consultancy services to ProActive Management Services Ltd in connection with the construction contract dispute with the Bermuda Government concerning the construction of the new Senior Secondary School known as The Berkeley Institute.

"I was also appointed corporate secretary of the company. I resigned from that position on the 21st January 2008 with immediate effect, and also relinquished all further involvement with the company and the Berkeley dispute on that date, my professional duties in connection with the dispute and the arbitration proceedings having come to an end."

In addition, Mr. Hall has also quit as advisor to Union Asset Holdings, a wholly owned subsidiary of the Bermuda Industrial Union.

He explained: "From the beginning of January 2005 to 21st January 2008, I have provided consultancy services to Union Asset Holdings Ltd who provided a performance bond as surety for the services of ProActive in connection with the Berkeley construction.

"I was also appointed corporate secretary of that company. I resigned from those positions on the 21st January 2008 with effect from the 29th February 2008, and also relinquished all further involvement with that company and the Bermuda Industrial Union insofar as any such involvement might relate to the Berkeley dispute."

Asked if his one-year contract with the Department of Works and Engineering, which he took up on February 29, involves advising on Berkeley, he replied: "Absolutely not. It was a prerequisite to my taking on the consultancy contract with the Ministry of Works and Engineering that I would have no further involvement whatsoever in the Berkeley matter on behalf of any of the parties and that I would have no access or input whatsoever into any of the Ministry's records or discussions concerning the Berkeley matter."

He added: "As I informed the Chief Justice of the Supreme Court a few days ago, I am not at liberty to disclose the terms of that portion of my contract with the Ministry which sets out my terms of reference and the areas which my consultancy services are meant to embrace.

"I am bound by the provisions of the Official Secrets Act in this regard and a copy of the relevant provisions is attached to the contract."

ProActive was fired from the massively over-budget Berkeley project in August 2004. Arbitration proceedings between the company and Government were held in secret, but are understood to have left it owing Government millions of dollars.

Mr. Hall confirmed that the company is seeking leave to appeal the result of the arbitration, and understands that law firm Bean and Associates has briefed "leading counsel" – likely to be a Queen's Counsel – to act for it in a hearing due some time next month.

He explained that he largely resigned his posts with ProActive and Union Asset Holdings because his status as an undischarged bankrupt meant he was not permitted to appear before the court to apply for leave to appeal.

"My resignation came at a point when my usefulness to ProActive and the union was therefore at an end.

"That said, it would not have been appropriate to continue acting in any way for ProActive and/or the union in respect of the Berkeley matter and at the same time serve as consultant to the Ministry of Works and Engineering, notwithstanding the fact that I would have no access whatsoever to Ministry records or information regarding the Berkeley dispute," he said.

The Chief Justice is set to rule next week on whether he will discharge Mr. Hall from bankruptcy.

It also emerged this week that Minister of Works and Engineering Derrick Burgess – former President of the Bermuda Industrial Union – has taken steps in respect of his old and new roles.

His Permanent Secretary Robert Horton said that, given his former position, the Minister has "strictly recused himself from all involvement and discussions regarding the matter of ProActive and the second senior secondary school (now The Berkeley Institute), both in Cabinet and at the Ministry of Works and Engineering".