but the legality of the move is not known as he is still in receivership.

Mr. Peniston, a former United Bermuda Party Senator and shipping company businessman was placed into receivership in 1994.

According to a prosecutor in a 1998 fraud case, he left Bermuda in 1995 to attend Buckingham University to study law just as the Official Receiver Mark Diel was about to question him on his financial affairs.

Upon his return he was tried and cleared on appeal of concealing the proceeds of two pension policies.

The writ, number 345 of 2000 under the Supreme Court Act of 1905 and the Bar Act of 1974 was filed last week in Mr. Peniston's name, represented by Smith and Co.

A call to Smith and Co. proved fruitless as a representative said: "There's no-one here for that.'' When asked to clarify, the woman said: "I mean there is no lawyer handling that matter.'' Mr. Diel would only confirm he was still the Official Receiver for Mr.

Peniston's affairs and would not comment on whether or not he was still bankrupt.

Under Bermuda law, lawyers are banned from practising before the courts if they are bankrupt.

But during the fraud trial Mr. Peniston's lawyer Julian Hall -- who himself is facing bankruptcy -- told The Royal Gazette the 56-year-old had been called to the Bar in England and Wales.

Bar Association President Richard Hector said yesterday he had heard of the application but did not know if Mr. Peniston is still bankrupt.

"Everybody knows that he has made an application but I don't know what has happened to it,'' Mr. Hector said. "I dont' know if he is bankrupt or not. He has not been called to the bar, it is just a notice of a motion being filed.

That's all it is. It's not even been set down before the courts.

"Yes, if you are bankrupt you cannot be granted the practicing certificate -- but we don't know if he is bankrupt,'' he explained.

When asked if there had ever been a case where an application to be called to the bar by a person found to be bankrupt had ever been objected to, Mr. Hector "not to my knowlege''.

When contacted by The Royal Gazette Mr. Peniston declined to comment.