Tories target disabled as Employment Minister Grayling accused of CENSORSHIP over HM Courts help video for disability claims appeals

THE GUARDIAN newspaper has today reported on allegations the Coalition’s Employment Minister, Chris Grayling tried to censor key parts of a help video for disability claimants appealing their claims which was produced by Her Majesty’s Courts & Tribunals Service.

The video, which has been uploaded to You Tube has been pulled down on claims of copyright infringement. However, the Guardian’s investigation indicates a trail of emails & influence from Ministers to the Courts Service seeking retractions over the help video, which can be viewed, courtesy of the Guardian newspaper, here : Link to this video

Scottish Law Reporter has previously reported on difficulties in the benefits system, where it was revealed in earlier report revealing the deaths of over ONE THOUSAND PEOPLE who had been declared ‘fit for work’ as a direct result of ‘fitness for work tests carried out by ATOS on the orders of the Conservative Liberal-Democrat Coalition Government in Westminster.

The Guardian newspaper reports :

Minister 'tried to censor' video aimed at helping disability claimants to appeal

Emails complain of 'tone' and 'negative comments' in official advice to people appealing against having benefit taken away

Shiv Malik guardian.co.uk, Tuesday 31 July 2012 16.11 BST

The disability benefit appeals advice video. Link to this video

The employment minister Chris Grayling has been accused of trying to censor a Ministry of Justice courts service information video that helps people appealing against decisions to remove their disability and sickness benefit.

Emails and letters between Grayling and MoJ civil servants, seen by the Guardian, appear to show Grayling wanted to remove parts of the educational video, produced by Her Majesty's Courts and Tribunals Service, giving advice on how to be more successful in the appeals process. Emails from the minister's account complain about the video's "tone" and "negative comments" towards the Department for Work and Pensions (DWP) even though the sections in dispute were agreed to be factually true.

The censorship allegations come after Channel 4's Dispatches programme on Monday alleged that Atos, the firm involved in medically assessing sickness and disability claims, had developed a target culture to ensure enough people were being taken off benefits. The BBC's Panorama, also aired on Monday, further questioned Atos's assessment procedures and found one case in which a man died of his serious heart condition five weeks after Atos found him fit to work for the second time. Hundreds of thousands of people have appealed against benefit decisions in the past few years and, according to the latest figures, about 30% are successful.

The Courts service video, which tells claimants to appear in person if they want to be twice as likely to win their appeal, remains offline and the MoJ appears to have instructed YouTube to pull down copies because of copyright infringement.

In the original video posting, senior appeals doctor Jane Parry tells viewers: "Whatever the outcome of your appeal, we hope that you find the appeals process clear, impartial and fair … we will do our very best to help you."

Complaining about the tone of the video, an email from Grayling's official ministerial account to MoJ officials on 19 March said: "A couple of times it's noted that a claimant is twice as likely to win their appeal if they turn up in person – again this is broadly true, but doesn't help to reduce the opinion that it isn't the facts of the case that are important, but the turning up in front of a tribunal and pleading their case."

In a series of ensuing emails, which have been redacted by freedom of information officers, MoJ officials wrote saying they would "temporarily remove the video" while the matter was investigated. Later that day emails from the minister's account described the video as "offending", adding: "I raised the things that jumped out as wrong or negative."

A further email from Grayling's office read: "I think for the moment we should wait to see what comments they [Ministry of Justice officials] come back with … it may be that we feel the whole tone of the video is wrong and could not be fixed." After the list of complaints from Grayling's office was sent to the Ministry of Justice, the department's parliamentary under-secretary, Jonathan Djanogly, wrote in a letter dated 5 April that he would instruct his officials to remove certain sections of the film even though the statements were not factually in dispute, and would run a copy of the future script of the courts service video past DWP staff.

When asked in a parliamentary question on 10 July by the former Labour Treasury minister Stephen Timms why the DWP had sought to remove the video, Grayling replied: "The department did not direct that the Ministry of Justice video about employment and support allowance appeals be removed from the website YouTube.

"We sought to correct factual inaccuracies within the video which we brought to the attention of MoJ officials who agreed to revise the content of the video."

After seeing the inter-departmental correspondence Timms told the Guardian the emails appeared to show Grayling's answer was wrong, adding that the government was "ignoring the needs of disabled people".

"Many people are finding they have to appeal against wrong decisions on their disability benefits. With cuts to legal aid, it will be harder in future for them to get help. Now DWP ministers are stopping people even from seeing a video that might help them, produced by the Ministry of Justice. They also appear to have given an incorrect answer to my parliamentary question. This looks like a department that is losing its grip and ignoring the needs of disabled people."

Neil Bateman, from the National Association of Welfare Rights Advisers, who filed the freedom of information request, said the video was typical of public information films produced by the MoJ but the "parts of the video which Chris Grayling objected to were all parts which claimants would find helpful". "There is the strong impression that this was a deliberate attempt to censor the video."

The MoJ courts service said: "We are currently reviewing all the information we provide to SSCS [social security courts service] tribunal users and whether a video is the most effective way of reaching our target audience.

"We want to ensure that we provide users with the latest, most accurate and useful information. We also need to ensure that the information reflects all the current DWP procedures, including changes they have recently introduced to their decision-making processes."

The spokesperson added that information for users was still available on the Ministry of Justice website and that the review of the video content was still "ongoing".

The DWP said the department's concerns were about "factual inaccuracies". "At no point did the department ask for the video to be taken down."

Starry eyed rise in property sales claims by Registers of Scotland raise suspicions of attempts to boost house transactions

REGISTERS OF SCOTLAND (RoS), the ‘non ministerial’ ‘ self financing’ trading fund tasked with keeping Scotland’s shamefully unfit for purpose register of land ownership & property purchase/sales transactions running, has today announced figures suggesting up to a 36.6% jump in property transactions over the past three months in certain parts of Scotland, in spite of the deepest recession the UK has ever faced.

In figures released to the media, RoS claims the number of property transactions has risen by 9% over the past 12 months. Figures from East Lothian suggest their sales have inexplicably jumped by 36.6% compared to the previous three months. RoS claimed there were 18,514 home sales between April and June, although a breakdown on the kinds of sales, whether willing sale, or those forced by banks & lenders or brought about because families have had to move due to financial pressures, may tell a more accurate tale.

Data published by RoS suggested the average price of a house fell very slightly over the year. The figures published today by RoS cover all residential sales, including sales for cash not involving a mortgage. The figures used for highlighting increases and decrease have excluded Local Authority areas where sale volumes represent less than 1% of the all Scotland sales volume. Data for areas where sale volumes represent less than 1% of the all Scotland sales volume are still included in the publication tables.

Meanwhile critics have pointed out the Registers of Scotland has become too close to the property sales industry, mostly run by the legal profession & estate agents for the figures to be a trustworthy indication of the true state of Scotland’s property market. RoS freely admits it is required to respond to “drivers” from bodies such as the Law Society of Scotland, who have an interest in maximising statistics in order to help ailing regional Solicitors Property Centres (SPCs) around Scotland.

The integrity of information held by the Registers of Scotland also seems to be up for question, in the case of an ongoing investigation into a solicitor operating in the south of Scotland who appears to own upwards of fourteen different properties yet who’s name does not show up in any records held by RoS, not even on his own family home.

Registers of Scotland made the following announcement on today’s figures : Sales volumes soar whilst average property prices decrease by 0.2 per cent

Registers of Scotland published statistics today showing that the total volume of sales across Scotland registered during the first quarter of 2012/13 was 18,514, an increase of 9.2% on the same quarter the previous year. East Ayrshire showed the largest percentage fall in the number of sales with a decrease of 4.9%. East Lothian showed the largest percentage rise with an increase of 36.6% in total sales compared to the same period in the previous year. The City of Edinburgh recorded the highest sales volume with 2,037 residential house sales, an increase of 8.4% on the previous year.

But whilst sales volumes increased, the average price of a residential property in Scotland decreased by 0.2% during the first quarter (April to June) of the financial year 2012/13 compared with the same period the previous year. The average price of a residential property for this quarter was £153,501.

The highest percentage rise was recorded in Moray with an average price of £144,813, a rise of 7% compared with the same quarter the previous year. The City of Edinburgh recorded the highest average price of £220,428, an increase of 5.6% compared with the same quarter the previous year. The largest percentage fall in price was in Scottish Borders which showed a drop of 13.3% with an average price of £163,222.

The total value of sales across Scotland registered in the quarter increased by 9.0% compared with the previous year to just under £2.85 billion. The City of Edinburgh remains the largest market with sales of over £449 million for the quarter, an increase of 14.5% over the same quarter last year. Moray showed the highest percentage rise with the value of sales increasing by 40.1% compared to the previous year.

Semi-detached properties showed an increase of 1.7% in average house price to £142,434, while the other property types showed a decrease in average house price in this quarter. All property types showed an increase in sales volumes, with terraced properties showing the highest increase at 11.7%.

Rhona Mackay, Commercial Services Manager, Registers of Scotland, commented: “Sales volumes have changed dramatically in recent years, from a healthy 42,503 sales in the second financial quarter of 2007 to when the market crashed in the fourth financial quarter of 2009 with a disappointing 11,800 sales. The recent hike in sales may be further boosted when the new Funding for Lending scheme, which aims to improve the availability of credit and ultimately to get growth going in the UK economy, begins next month. The Bank of England has provided for a 5% increase in funds for lending – up to £80 billion – over the next 18 months, so the scheme has the potential eventually to deliver a substantial boost to the UK economy.”

Meanwhile RoS is looking for a new Director of Finance, in charge of it’s SEVENTY FIVE MILLION POUND budget, details on the position can be found HERE

Property Factors compulsory registration scheme goes live, code of conduct demands higher standards for home owners & tenants

PROPERTY FACTORS must now beet certain standards of service and if not, they will be subject to a “robust complaints procedure” says the Scottish Government : Property factors registration scheme

All property factors operating in Scotland can apply to a compulsory online registration scheme from today. Registration is a central element of the Property Factors (Scotland) Act 2011, a new law passed last year by the Scottish Parliament.

Around 225,000 house owners in Scotland use property managers to carry out their repair and maintenance responsibilities on communal areas, roofs and stairwells.

A new Code of Conduct will demand property managers meet certain standards of service and a robust complaints procedure will be put in place if the service is unacceptable.

Cabinet Secretary for Infrastructure and Capital Investment Alex Neil, said: "The majority of property factors provide a good, effective service. This new law means that for the first time, consumers will have access to information to judge good service and for property factors, an opportunity to demonstrate the quality of their services. Compulsory registration is good news for consumers and will help enhance the reputation and integrity of the property managing industry."

Vice President of the Property Managers Association Scotland Iain Friel, said: "The Property Managers Association Scotland welcomes the introduction of the Property Factor Code of Conduct. Our members believe that the new legislation will benefit the property management industry, not only providing consumers with a recognised system of redress, it will also provide Property Factors an opportunity to demonstrate the necessary dedication, skill and experience required in the professional management of common property throughout Scotland."

Related information: The online registration system

The statutory Code of Conduct for property factors was recently approved by the Scottish Parliament and is now available in its final form at: Code of Conduct for property factors

The Property Factors (Scotland) Act received royal assent in the Spring of 2011. It was introduced as a Member's Bill by Patricia Ferguson MSP and the Scottish Government supported the Bill and worked with Ms Ferguson to make the legislation as effective as possible.This requires all factors to be registered, to operate in compliance with a statutory Code of Conduct and introduces a national Homeowner Housing Panel to which homeowners can seek redress on disputes with their factor. All requirements of the Act will be in force by October 1, 2012.

Law Society says MacAskill’s legal aid plan to impose financial contributions for criminal legal aid will lead to lawyers becoming debt collectors

Justice Secretary Kenny MacAskill wants to impose £68 disposable income threshold on criminal legal aid. THE Law Society of Scotland have reiterated it’s stance over Justice Secretary Kenny MacAskill’s plan to introduce a 68 a week disposable income threshold for making financial contributions to criminal legal aid. The Justice Secretary’s  plan has been widely condemned as yet another SNP restriction on access to justice & access to a fair trial, given that benefits payments are also to be considered as part of an accused’s disposable income.

The lack of availability of legal aid in criminal cases is already having an impact on Scotland’s criminal justice system, where Sheriffs are being forced to dismiss criminal charges against accused due to the lack of funding for a fair trial, reported earlier by Scottish Law Reporter HERE

The Law Society of Scotland issued a Press Release stating : Society holds firm on stance on criminal contributions to legal aid

The Law Society of Scotland today raised serious concerns over the detail of new legislation which introduces financial contributions for many of those receiving criminal legal aid.

Submitting its written evidence to the Scottish Parliament Justice Committee, the Society said the threshold at which contributions would become payable was too low.  It also argued that the Scottish Legal Aid Board rather than solicitors should collect the contributions to ensure a consistent system.

The Scottish Civil Justice Council and Criminal Legal Assistance Bill was introduced in May this year.  The legislation would establish a Civil Justice Council and introduce financial contributions for criminal legal aid for the first time.

The Society has consistently supported the principle of contributions in criminal legal aid but has raised a series of concerns over the detail of the Scottish Government's proposals.

Oliver Adair, the convener of the Society's legal aid negotiating team, said: "We agree that people who can afford to pay a portion of the cost of their legal aid should do, provided they can afford it. However the Bill proposes that the threshold for determining whether a contribution is payable should be £68 disposable income a week.  We do not believe that is a realistic amount from which to expect anybody to pay towards their legal costs. We also have concerns around some of the areas which would be included in disposable income calculations, such as disability living allowance and war pensions.  This would mean some of the most vulnerable people who rely on legal aid could have to pay a sizeable contribution towards the cost of their defence directly from their benefit payments."

In its detailed evidence to the Scottish Parliament Justice Committee, the Society also reiterated its objection to solicitors having to collect the contributions.

Adair continued: "The Bill as its stands would leave solicitors as unpaid public debt collectors. The Scottish Legal Aid Board is the obvious body for collecting the contributions.  After all, they already collect contributions in civil legal aid cases, and have procedures in place to carry out large scale collection of contributions.  Providing a central collection body ensures that there is a clear and consistent system and would match other jurisdictions operating centralised collections systems such as England and Wales, Canada and Australia."

The Bill also introduces a new Civil Justice Council whose responsibilities the Society described as 'significant and far reaching'.

Kim Leslie, convener of the Society's civil justice committee, said: "We are supportive of one overarching Civil Justice Council.  However we have serious concerns about the proposal to have only two solicitor members sitting on it.  There are currently ten solicitors on the existing Sheriff Court Rules Council and the Court of Session Rules Council, five on each.  There has been no cogent reason put forward for the reduction of the solicitor membership to two. Solicitors are the largest group of regular court users and appear daily in Sheriff Courts across the country.   Their experience of the courts and procedures is greater than any other group of participants.  That is why we would like to see at least six solicitor members on the new Civil Justice Council."

The Society's full memorandum of evidence can be found on the Society's website  full memorandum of evidence

Law firm Tods Murray awarded Lexcel ‘quality mark’ after pursuing pensioner for £34K photocopying demand in 16 year court nightmare

EDINBURGH based law firm Tods Murray, who pursued pensioner Andrew McNamara in Scotland’s courts for SIXTEEN YEARS to force payment for a staggering demand of THIRTY FOUR THOUSAND POUNDS for photocopying at an eye watering £4 a sheet, has been awarded the Lexcel ‘legal quality mark’ by the Law Society of England & Wales. The Lexcel award is handed out after a firm has been ‘independently’ assessed against the highest standards of management practice and customer care (Guess they forgot to ask the clients then ! – Ed)

Tods Murray’s Lexcel award comes amid a crop of other similar lapel pins & certificates handed out to solicitors recently, as part of a somewhat obvious desperate attempt by both Scottish & English industry regulators to drum up business for ailing law firms which have become infamous for battles with their clients such as the Tods Murray v Arakin where pensioner Mr McNamara has been appealing a ruling by law firm favourite judge Lord Woolman he must pay his former lawyers around £90K.

No client of Tods Murray could be tracked down to give a positive comment on the firm’s Lexcel award.

Tods Murray announced : Tods Murray secures international quality mark

Tods Murray LLP has secured Lexcel - the legal quality mark - making it the first solely Scotland-based law firm to hold the international standard.

Tods Murray, which has offices in Edinburgh and Glasgow, was awarded the Law Society of England and Wales’ prestigious accreditation having been independently assessed against the highest standards of management practice and customer care.

David Dunsire, Executive Partner at Tods Murray, said: “By securing Lexcel we are sending a clear message - that we meet international standards of customer care and service within legal practice. The legal sector in Scotland is a competitive market, so being the only solely Scotland-based law firm to have Lexcel accreditation makes us stand out. Having Lexcel under our belts says we are a law firm with a reputation for quality.”

Law Society of England & Wales President Lucy Scott-Moncrieff said: “Lexcel is an accreditation scheme which recognises best practice in legal business management, irrespective of where that practice is. As legal service provision becomes more global, so does Lexcel. Lexcel has reached into Canada, the Republic of Ireland, Poland and the Middle East. I see Lexcel as establishing itself as the legal quality mark for firms and in-house legal teams across the world.”

To gain and retain Lexcel accreditation, practices must undergo a rigorous initial then annual application and assessment process. This includes conducting suitability checks and an on-site assessment.

Neil Stevenson, Director of Representation and Professional Support at the Law Society of Scotland, added: “It is great to see a Scottish law firm gaining an internationally recognised standard. Quality marks bring value to the clients and the employees of law firms, and during these difficult economic times firms need to stand out with the particular strengths and benefits they offer.”

In comparison to the announcement of the Lexcel award, Tods Murray faced rumours it was about to go bust, which prompted Executive Partner David Dunsire to write letters to the newspapers denying his firm’s financial woes, reported here : Tods Murray or Bust

The firm is also widely known over the Taxi for McLetchie’ expenses scandal where the Scottish Conservative’s current Justice Spokesperson, David McLetchie was found to have falsely claimed parliamentary expenses for £11,500 worth of taxi journeys claiming he was travelling between the Scottish Parliament & the law firm’s offices even after an investigation by the media exposed the msp’s claims as a lie.

The scandal forced Mr McLetchie to ‘retire’ from Tods Murray and also resign his position as leader of the Scottish Conservatives , but is still a member of the Scottish Parliament.

Corrupt Fife Policeman Richard Munro jailed for FIVE YEARS after fitting up conviction of innocent men for murder

A CORRUPT former Scottish Police Officer, Detective Inspector Richard Munro (53) has been jailed for FIVE YEARS after a trial found he had changed key witness statements in an investigation over a murder which took place 17 years ago.

Unusually there was no elaborate press release from the Crown Office, who usually publish lengthy media releases when their prosecutors secure such a lengthy sentence (no doubt due to the fact COPFS must be facing some questions for their handling of the prosecution and failure to detect Munro’s evidence tampering – Ed)

The Daily Record reports :

Police officer jailed for five years after helping convict two men for crime they didn't commit

Jul 25 2012 By Charlotte Thomson

A SENIOR policeman whose deceit led to two innocent men being jailed for murder was yesterday locked up for five years. Detective Inspector Richard Munro, 53, changed key witness statements as he investigated the murder of Andrew Forsyth 17 years ago. He concealed evidence and withheld statements to suit his theory about who killed Andrew.

But it led to Steven Johnston and Billy Allison spending 10 years behind bars. They were freed after a judge quashed their dodgy convictions – and now Munro is behind bars instead.

After sentencing yesterday at the High Court in Aberdeen, prosecutors said they had ordered a review of evidence gathered in connection with the murder. A Crown Office spokesman said: “Now that the Munro trial has concluded, the Crown have instructed a review of the evidence relating to the death.”

Johnston, 48, of Oakley, said: “I’d welcome any move to look into it. I know that there’s somebody out there who’s done it. “It’s more for Drew’s mother. I spoke to her during Munro’s trial and she’s not happy.”

Munro led the investigation after Andrew’s body was found in his home in East Wemyss, Fife, on November 5, 1995.

The Fife Constabulary officer had just been promoted and was in charge of his first murder case. But having made up his own mind about the case, he rejected information from witnesses that went against his own belief. Officers were instructed not to make further inquiries of witnesses claiming to have seen the murder victim alive in the days after November 3. The deception began to collapse when defence lawyers requested missing witness statements from the Crown Office.

Senior police questioned Munro about the missing evidence and he claimed not all of the information from door-to-door inquiries had been kept. He also discredited information given by the witnesses in question as unreliable.

Last month, Munro was found guilty of withholding information from prosecutors that could have helped the defence case.

Scottish Government’s radical rethink on land reform ‘will deliver for vested interests, not Scots’ say critics

PROPOSALS for a ‘radical review of land reform’ have been made by Scotland’s First Minister Alex salmond who claims the plan will deliver a more successful Scotland with stronger communities & economic growth. The announcement Radical rethink on land reform underway does not propose a free ivory tower & garden for every Scot, and does not appear to be focussed on tackling the core issues at the heart of who really owns Scotland and why housing & property ownership seems to have been put out of reach of just about everyone except the top 5% of the population.

Speaking in Skye where a summer cabinet meeting was convened, Mr Salmond revealed details of a new Land Reform Review Group that will oversee a wide ranging review of land reform in Scotland.

Dr Alison Elliot, who has extensive experience working in the community and voluntary sector, will chair the group. She will be joined by Professor James Hunter and Dr Sarah Skerratt as vice chairpeople, who have experience of the Highlands and Islands and rural development.

A further 10 advisers – with expertise in areas such as property and land issues, economics, legal issues, community-led organisations, landownership, forestry and access – will also be appointed [at great public expense] to the group shortly.

It is anticipated that the Land Reform Review Group will report in a series of stages to Scottish Ministers, providing consideration of what the outcomes of land reform should be and what reforms are required. By the end of 2013 the Scottish Government would expect a report on any legislative changes that are required to allow this to be taken forward.

Mr Salmond said: "Land reform is an important part of Scotland’s story. From the Crofting Acts of the 1880s and 1890s to the more recent right-to-buy legislation and support for community land purchase, significant progress has been made. We cannot underestimate the crucial part land reform will play in contributing to the future success of Scotland for the next generation. By improving the relationship between our land and people, we can create stronger communities and deliver the economic growth and fairer society that the people of Scotland quite rightly expect. I want this review to deliver radical change for both rural and urban areas, developing new ideas which will improve current legislation as well as generating even more innovative proposals. The expertise and experience of those on the group will be key to its success and that’s why I’m delighted Alison, James and Sarah have agreed to take forward this important project."

Dr Elliot said: “I am delighted to take this opportunity to review land reform in Scotland. I want to take a look at all the opportunities that exist to promote more communities taking control of their future by taking control of their land. I expect it will be an interesting, and challenging job and I look forward to getting up and down the country promoting debate."

Meanwhile critics have said they expect little to change as a result of what may turn out to be little more than another multi million pound talking shop review which delivers only for vested interests & Cabinet Ministers who’s aim is to flog their local woodlands & forests to shady middle eastern financial funds.

Solicitors at risk as 2,000 UK law firms ‘could go bust’ warns Association of Business Recovery Professionals

WHEN law firms feel the pinch, clients better watch out … as the Association of Business Recovery Professionals (R3) warns some TWO THOUSAND law firms are at risk of financial failure. The news may bring a tear to some & joy to others as mergers, manipulation & major spats between firms take care of the stragglers & financially weakened law firms deserted by their client base for those all too unfathomable reasons best left unexplained.

Summer could be sentencing time for many solicitors

Over 2,000 law firms at risk of failure in the next 12 months

By the end of this month, partners in law firms will have to make their second tax payment for the year. Unlike many other businesses, Limited Liability Partnership (LLPs), Partnerships and Sole Practitioners are not directly assessed for tax on the business’ profits but will commonly arrange to settle individual Partners’ liabilities. Ideally, a tax reserve fund will have been maintained for this purpose but this is not always the case.

Lee Manning, R3 President, comments: “This requires very careful planning and steps should be taken to apply for a reduction of payments on account if earnings are expected to reduce over the coming year. This time of year is known to put real cash flow pressure on firms and more often than not we see a spike in banks being asked to fund taxation liabilities. The legal services sector is a very crowded market and so firms that are not competitive are unlikely to thrive. Careful planning and management of taxes can help give businesses an edge and make this time of year less daunting.”

Furthermore, research by R3 using data from Bureau van Dijk’s ‘Fame’ database, finds that over 2,000 law firms are at risk of failure in the next 12 months – this equates to 29.1% of firms in the UK and Ireland, higher than the cross sector average of 21.8%. One of the main challenges they are being faced with is The Legal Services Act – which has earned the moniker ‘Tesco Law’. It legislates for Alternative Business Structures (ABS), the point of which is to make legal services easier to access by allowing non-lawyers to invest in and own legal businesses. However it poses a threat to the legal services market as we know it, particularly for small high street firms.

Lee Manning continues: “Traditionally a firm would practice a range of different areas of law. With the introduction of ‘Tesco law’, new specialist firms will begin to emerge and they will be difficult for the high street to compete with, partly because small practices cannot afford the level of branding and marketing that these new firms will be able to take advantage of. It is also unlikely that they will have the resources or the technology to compete with these Alternative Business Structures. Law firms are operating in a challenging environment and the marketplace seems to be getting tougher and tougher. We would urge any firms that are worried about their financial future, to seek professional restructuring advice before it is too late.”

Maggie Scott QC appointed as judge to Court of Session

Maggie Scott QC, well known as a criminal defence specialist and for her role in the appeal of the late Abdelbasset al Megrahi, the man who most agree was unjustly convicted of the bombing of Pan Am Flight 103 over Lockerbie, Scotland in December 1988, has been appointed as a judge to Scotland’s Court of Session. She is expected to take up the post later in the year.

An announcement of Ms Scott’s appointment to the Court of Session, reported as far back as April of this year by the Herald’s Lucy Adams, HERE was expected to have been made in early June, at the same time as the announcement of Scotland’s new Lord President, Lord Gill and the appointments of Lord Colin Boyd QC, Michael Jones QC, and David Burns QC as Senators of the College of Justice, reported by Scottish Law Reporter HERE.

There is no ‘official’ explanation for the delay in announcing Ms Scott’s elevation to the bench, however the delay did enable the famous QC to give a robust defence for the retention of corroboration in Scots Law in the printed media and on television.

Appointment of Senator to the College of Justice

Her Majesty the Queen, on the recommendation of the First Minister, has appointed Margaret Elizabeth Scott QC as a Senator to the College of Justice. First Minister Alex Salmond nominated Ms Scott for appointment on the basis of a report by the independent Judicial Appointments Board for Scotland. Ms Scott, who was appointed on 12 July, will take up her appointment later in 2012.

Ms Scott was admitted as a solicitor in 1989 and to the Faculty of Advocates in 1991. She became a QC in 2002. Since 1991 she has been involved mainly in criminal defence work, specialising in appeals. From 1995 she regularly acted as senior counsel and from 1996 for a period as an ad hoc Advocate Depute. Since 2002 she has been lead counsel in some of the most difficult and serious cases including numerous full bench cases and cases before the Judicial Committee of the Privy Council and United Kingdom Supreme Court. She was lead counsel on the Lockerbie appeal from 2007-2009. She was appointed as a part-time sheriff in 2002.

The salary of a Senator is £172,753 per annum.

The Judicial Appointments Board for Scotland was established by Ministers in 2002 and it became an independent advisory non-departmental public body on June 1, 2009. The Board has statutory responsibilities under the Judiciary and Courts (Scotland) Act 2008. The Board's role is to recommend for appointment to the office of judge, sheriff principal, sheriff and part-time sheriff. The First Minister retains the statutory responsibility for making nominations to Her Majesty the Queen. The First Minister is required by statute to consult the Lord President of the Court of Session before making his nomination to Her Majesty.

Lord Advocate ‘overfishing’ “Black Fish” caper at expense of landing convictions for organised crime, drugs, rape, assault & gang land murder hits

Fish stories : Forget about fraud, rape, drugs, organised crime & murder hits, Fishing is where crime is at - Lord Advocate Frank Mulholland. IF DODGY press releases ever become an Olympic sport, the chances are Scotland’s Crown Office & Procurator Fiscal Service (COPFS) will win gold medals every time, especially in the spin department according to some, as yet again, the Black Fish caper is wheeled out to cover the usual copfs blunder machine composing of collapsed cases, dropped prosecutions of colleagues in the professions, lack of convictions for organised crime, drug dealing, fraud & the occasional failed prosecution of gang related murder hits.

In spite of claims of expected multi million pound seizures, the Crown Office have today issued a press release reporting that Fishermen caught up in the long running ‘Black Fish’ saga, (so often the subject of Crown Office briefings), have been ordered to hand over nearly £1.2million for undeclared landings.

However, while it is correct any illegal fishing is dealt with by the full force of the law, legal sources have accused the Crown Office of “overfishing” the undeclared landings fiasco in order to obtain positive headlines in the media while in actuality, the Lord Advocate’s staff are failing to catch bigger crooks & organised crime gangs causing substantially more damage to Scotland and operating on a significantly higher financial level than many realise.

One insider said : “Picking the easy cases to get a headline is no way to run a justice system.”

COPFS Press Release :

Fishermen ordered to pay nearly £1.2million for undeclared landings

At the High Court in Edinburgh today ten fishermen who had previously pled guilty to landing undeclared fish at Fresh Catch Ltd and Alexander Buchan Ltd between 2002 and 2005 were the subject of fines and confiscation orders totalling £1,194,447

The accused, their vessels and the amounts of the confiscation orders and fines are as below:

John Smith (DOB 14/03/1975) Master of the Alert – Confiscation order £150,000. Fine £40,000
James Smith (DOB 30/07/1957) Master of the Alert – Confiscation order £30,000. Fine £10,000
Allan Simpson (DOB 03/06/1969) Master of the Christina S – Confiscation order £361,621
Ernest Simpson (DOB 18/07/1947) Master of the Christina S - Confiscation order £362,826
Ian Buchan, DOB 13/03/1957, Master of the Quantus – Fine £100,000
James Duthie, DOB 24/04/1957, Master of the Sunbeam – Fine £35,000
Oswald McRonald, DOB 29/02/1948, Master of the Quantus – Fine £12,000
John MacLeod, DOB 27/02/1955, Master of the Prowess and the Charisma – Fine £50,000
Michael MacLeod, DOB 04/11/1978, Master of the Prowess – Fine £8,000.
Stephen Bellany, DOB 03/12/1962, Master of the Unity – Fine £35,000.

At the same court confiscation proceedings and sentence against a fish processing factory, Fresh Catch Ltd, have been continued to 5 September at the High Court in Edinburgh.

Speaking after the court hearing, Lindsey Miller, Head of the Serious and Organised Crime Division, and POCA Champion said: “These individuals used incredibly complex and devious methods to under declare their fish landings. They had no regard for the law or for the consequences such large scale overfishing would have on fish stocks, the environment or the hard working fishermen trying to make an honest living in the industry. There is no place in Scotland for those who want a lifestyle funded by crime and we will continue to work closely with law enforcement agencies to use Proceeds of Crime laws to make Scotland an increasingly hostile place for these criminals.”

Detective Superintendent Gordon Gibson of Grampian Police, who led the police investigation, said: "This is another example of individuals amassing huge sums of money by their serious and organised criminal acts.  Make no mistake these men made a conscious decision to commit these crimes and to continue to do so over a protracted period. The actions of these men and the others who have been brought before the court as a  result of the Operation Trawler investigation have tarnished not only themselves, but I am afraid also those other honest hard working fishermen who choose to make a living by perfectly legal means.”

Cephas Ralph, Head of Compliance at Marine Scotland said: "The activity in court today sees the end of another chapter of historic enforcement activity which brought about dramatic improvements in compliance and sustainability in the Scottish pelagic industry. “This kind of enforcement action is only taken when the necessary measures we have in place are ignored.  So while I regret that these prosecutions were necessary they have been essential to protect the reputations and livelihoods of the vast majority of Scottish fishermen who are law abiding. “These punishments send an unequivocal message to anyone who thinks that they can ignore fisheries regulations."

‘Stuff consumers, growth & profit come first’ : Vested interests of the CBI oppose competition class action litigation coming to the UK

THE Confederation of British Industry (CBI) has unsurprisingly, opposed the introduction of class action litigation to the UK. Class Actions have long been difficult, in the UK, and in Scotland where the topic, raised as a matter of reform in Lord Gill’s Civil Courts Review, has become all but forgotten due to undisclosed lobbying of the SNP controlled Scottish Government by business interests (& donors – Ed) who want the idea stopped in its tracks.

The CBI issued a Press Release stating : Government’s competition law proposals risk introducing litigation culture to the UK - CBI

Government proposals to move towards “opt-out” class actions for consumers could spark a new litigation industry around competition law and deter inward investment and growth, the CBI said today.

Responding to a Department for Business consultation on private actions in competition law, the CBI warned that by grouping potential claimants together without naming individuals, opt-out class actions will magnify the total amount of potential claims and fuel a culture of litigation.

The CBI says that it is absolutely right that businesses that have caused significant loss to consumers should be required to provide compensation. However, this should be done through Alternative Dispute Resolution, which offers a quicker, cheaper form of redress and better outcomes for consumers, rather than the “big stick” approach of opt-out class actions.

Matthew Fell, CBI Director for Competitive Markets, said: “At a time when the unrelenting focus must be growth, the Government should set out a strong message that the UK is open for business, not open for litigation.The Government is in danger of importing a number of features of the US class-action system into the UK, including opt-out arrangements, awarding of aggregate damages and a distribution of surplus funds.

“Victims of competition law breaches must receive proper compensation, but this should be delivered in a cost effective way, with litigation a last resort. The best way to achieve this is through Alternative Dispute Resolution methods, which are increasingly being used by business, and often result in a better outcome for both parties.”

Download "CBI private actions response July 2012" (386kb)

How to spend it : MacAskill beats recession with £208K salary offer for new Chief Constable of single Scottish Police Force

Justice Secretary Kenny MacAskill offers £208K to new Chief of Single Scottish Police Force. KENNY MACASKILL, Scotland’s Justice Secretary has announced the advertisement of the post of Chief Constable of the new Police Service of Scotland, with an eye watering annual salary of TWO HUNDRED & EIGHT THOUSAND POUNDS, flying in the face of salary freezes across the public sector due to the recession & the massive public service cuts. BBC News reports more on the story HERE

In a short announcement, the Justice Secretary went onto claim there will be a saving of £1.4 billion over 15 years however many have disputed these figures, with one serving officer branding the Justice Secretary's boast as  “fantasy”, saying “..the way the SNP want to spend & tax, any savings are more likely to be £15 over 1.4 billion years.”

Scottish Government Press Release : Chief Constable post advertised

The recruitment process for one of the top policing roles in the UK is now underway.

The first Chief Constable of the new Police Service of Scotland will shape and lead the second largest force in the UK with more than 17,000 officers and around 6,500 support staff serving more than five million people.

Establishing the new service marks the most significant change to policing in Scotland for a generation.

The Chief Constable will work closely with the Chair of the new Scottish Police Authority to ensure a smooth transition to the new service, which aims to go live on 1 April 2013. It will bring together the current eight police forces, the Scottish Police Services Authority (SPSA) and the Scottish Crime and Drug Enforcement Agency (SCDEA) into a single service. He or she is expected to be appointed in October.

The Police Service of Scotland will remove unnecessary and costly duplication freeing up resources for frontline provision and saving £1.4 billion over 15 years. There are currently eight Chief Constables, nine Deputy Chief Constables and 13 Assistant Chief Constables costing around £3.5m every year.

Justice Secretary Kenny MacAskill said: “This is a historic opportunity for the first Chief Constable to shape and lead the new Police Service of Scotland. They will work closely with the Chair of the new Scottish Police Authority, who will hold the Chief Constable and the new service to account. It’s a unique and exciting time to be part of the police service in Scotland - recorded crime is at a 37 year low and there are record numbers of police officers in communities. Policing in Scotland is already excellent – but the new service gives us a unique opportunity to do more and build on those strengths. The role will be one of the most demanding and high profile policing posts in the UK, leading engagement with the public, private and voluntary sectors across Scotland, the UK and internationally."

Mr MacAskill continued : “The new Chief Constable will be a role model for the values of the police service,  providing inspirational leadership, determining the future shape of policing as part of an ambitious programme of public service reform across Scotland. We brought forward this appointment to maintain momentum, ensure a smooth transition and leadership of the service through change so Scotland continues to have an excellent police service fit for the 21st Century.”

In comparison to the Justice Secretary’s claims the new Chief Constable will be a role model for values of the SNP’s new Police Service, MacAskill was recently caught up in media exposure of a jobs for the boys culture within the Police training college at Tulliallan, reported here : HERE

Room with a grace & favour view : John Geates retires with £300K pension then goes back to same job with a £95K salary all on MacAskill’s silent watch. KENNY MACASKILL, Scotland’s Justice Secretary has signed off on the reappointment of John Geates, the Director of the Scottish Police training college at Tulliallan near Perth to the same job albeit in a ‘civilian role’ after Geates retired from his official Police role with a whopping THREE HUNDRED THOUSAND POUND PENSION PAYOUT. The now retired Police College Director, at only forty nine years of age was allowed to return to his old job just 24 hours later, and will now earn a slightly reduced salary of NINETY FIVE THOUSAND POUNDS A YEAR, while also keeping his luxury grace & favour home on the Police training college campus, reports the Sunday Mail newspaper : Top cop retires and pockets £300k pension lump sum but is back at desk the next day

Woes continue at TROUBLED law firm Dundas & Wilson 'squeezed by pinch' as revenue & profits nosedive 35%

REVENUE & profits have nosedived 35% at TROUBLED Edinburgh law firm DUNDAS & WILSON, recently hit in the ‘Tender Bender’ resignation scandal involving insider information obtained by a senior partner in a bidding contract. Figures announced by the impoverished law firm show that total revenue in the year to 30 April fell from £62m to £54.5m, or 12%, while profit per equity partner was down by a much larger 35%, from £325,000 to £210,000.

The previous year saw growth of 2-3% in each figure. It appears most practice sectors showed revenue falls, with the London office showing a similar decline to the Scottish operations.

The once high profile firm was last year forced to look for a partner, however merger talks with Bircham Dyson Bell of London failed in the autumn and a total of 28 redundancies were confirmed in April of this year.

The troubled firm was reported last week to have recently set up a firm within the firm comprised exclusively of paralegals to carry out work for clients which would previously been undertaken by solicitors. The firm claimed the move would save clients money, as much of the work to be carried out by the Legal Services Unit (LSU) would focus on routine, procedural and repeat work.

However, a legal insider commented at the time he thought it was unlikely costs to clients will be reduced, also pointing out the situation remains unclear as to whether clients will be told their legal interests are not being dealt with by a fully qualified solicitor, or whether the same ‘safeguards’ for poorly provided services or negligent work will cover the activities of the paralegals in the new ‘arms length’ style unit.

More on the story can be found on the Dundas & Wilson website, along with an interesting note on measures to tackle Japanese knotweed (getting knotted ? – Ed)

Master Policy favourites Brechin Tindal Oatts hire another partner for insurers representation team

LEGAL firm Brechin Tindal Oatts  (bto), with offices in Glasgow & Edinburgh have added another partner to their team representing insurers, professional defence unions such as the Medical Defence Union, & other vested interests.

Seonaid Busby, who joined the team on 23 July 2012 from Biggart Baillie, will work closely with Partner and Solicitor Advocate Stephen Bryceland dealing with motor, employers’ liability and public liability personal injury claims.  Along with Stephen, Seonaid will be responsible for supervising a large team who deal with higher volume, lower value claims.

Ms Busby has specialised in insurance litigation for the most part of her career focusing on defender reparation cases in both the Sheriff Court and Court of Session. She is vastly experienced in dealing with employers’ liability, public liability, road traffic accidents and occupational disease claims. 

Bill Speirs, head of bto’s Insurers’ Representation team, said: “Seonaid is a valuable addition to bto’s team of over 50 insurance professionals. She brings experience of both pursuer and defender work and exposure to a range of stakeholders in the insurance sector. Her in-depth knowledge of the insurance market and her supervisory skills will further enhance the offering provided by Stephen’s team focusing on economy for volume claims".

“Recognising the importance of economy and efficiency in dealing with such matters, our bespoke team provides a first rate service to insurers specifically targeted at early settlement and minimising costs in litigated claims.  Stephen Bryceland’s role as Solicitor Advocate is an essential and effective way of avoiding unnecessary cost in the increasing number of Court of Session actions raised for minor or low-value claims.”

The appointment takes bto's partner strength to 35. Its Glasgow and Edinburgh offices have a total of over 170 staff.

Brechin Tindal Oatts are also Master Policy Panel solicitors, providing defence to solicitors (you mean ‘crooked’ – Ed) accused of negligence and other wrongdoing covered by the Master Policy. The firm also receives instructions from professional defence unions such as the Medical Protection Society and the Medical and Dental Defence Union of Scotland in connection with legal actions against doctors & other medical services personnel.

Got a story to tell about BTO, anything we’ve missed out ? Don’t be shy, tell Scottish Law Reporter more..

All Benefits Claimants urged to request audio recordings of their ATOS interviews as deaths mount over fitness for work tests

ANYONE facing fitness for work test for benefit eligibility by ATOS, who conduct the interviews on behalf of the Department of Work & Pensions (DWP) are NOW URGED to request a recording of their interview with ATOS staff to ensure their details are correctly registered, along with a record of how the claimant is treated by ATOS.

The message to all those who are required to undertake interviews with ATOS comes amid increasing complaints over how staff from the private health firm brought in by the Condem Westminster Government in an attempt to cull reduce benefits claimants payments.

Unsurprisingly, it has since come to light many claimants are unable to obtain a recording of their interview as the DWP only bought 11 machines, some say over fears that audio recordings would be published by claimants showing what is alleged in some cases “outright hostility & prejudice against their circumstances”.

It has also been pointed out that due to a large number of deaths linked to decisions taken as a result of ATOS interviews with claimants, a figure reported to be running at 32 deaths a week and now well over 1000 dead, recordings of interviews in cases where claimants have subsequently died, as a result of decisions taken to stop their benefits or force them into work, may have proved useful to families & relatives who may wished to have raised legal actions against the Government & ATOS over the deaths of their loved ones.

It has also emerged many of the interview centres operate CCTV facilities, footage of which has been identified as being included in some claimants files, along with transcripts of what claimants have said while awaiting their interviews.

Given the apparent use of CCTV coverage including audio recordings obtained in waiting areas, a high profile transparency campaigner has today recommended Benefits claimants attending ATOS interview centres should request an audio recording of their interview and also a copy of any CCTV coverage which identifies them.

The Guardian newspaper has reported on difficulties of claimants obtaining audio recordings of their ATOS interviews in a report here :

Fitness-for-work tests hit by technical chaos 

Private firm Atos found to have just 11 audio machines to record up to 11,000 tests for benefit eligibility each week Amelia Gentleman guardian.co.uk, Friday 20 July 2012 17.28 BST

Employment minister Chris Grayling has been asked to explain the mounting chaos around fitness-for-work tests. Photograph: Suzanne Plunkett/Reuters

Employment minister Chris Grayling has been asked to provide an explanation for mounting chaos surrounding the fitness-for-work assessment, amid complaints over the transparency of the process.

New unhappiness with the system, run by the private firm Atos, has emerged over individuals' requests to record their assessment as a way of ensuring that their details are correctly registered.

Claimants were given the right to request a recording last year. But the Department for Work and Pensions only bought 11 recording machines – shared between 123 assessment centres – which test 11,000 people every week. Several are currently broken.

A number of reports by charities have highlighted inaccuracies in the testing process, which determines eligibility for the new incapacity benefit and Employment and Support Allowance. Many claimants are anxious to record their assessments to make sure the account of their health problems is correctly reflected. Large numbers of cases are currently going to tribunal because applicants believe they have been wrongly refused benefits; around 40% of cases are overturned in the claimant's favour at tribunal.

Despite a government promise that everyone is entitled to record their assessment, many people have been told there are no machines available, because they are being repaired, and that they must go ahead with the test anyway. Individuals have been told they are not able to record assessments with their own devices "in view of security and confidentiality considerations".

In a statement on its website, Atos says: "We will make every effort to accommodate requests for this service and hope that we will be able to meet demand. However, under the terms of our contract with the department, we cannot postpone an assessment on the basis of audio-recording." Atos's refusal to postpone tests is at odds with a statement made by Grayling in a response to a written question on the subject posted by the Labour MP Frank Field, this week when he promised: "Clients will be told in advance that their request cannot be accommodated and offered a later date."

He added that: "Large scale purchase of machines in the absence of an evaluation of the process is not effective use of public money."

The shadow employment minister, Stephen Timms, who has written to Grayling to highlight his concerns about the lack of recording equipment, said: "I find it hard to believe that a company with a multimillion pound government contract is incapable of obtaining and operating sufficient recording devices."

A DWP spokeswoman said several machines had broken in transit and there had initially been a very small number of requests for recordings, which was why only 11 machines were bought. "It is simply not true that the recording machines are all broken, in fact we are in the process of buying more and fixing the few that have encountered problems."

Public urged to report suspicious activity at Olympics say Anti-Terrorist Police, any Hoax Callers will face jail says Lord Advocate

Olympic Heavy Breathers face 3 months in Barlinnie – Lord Advocate. HOAX CALLERS attempting to disrupt Olympic events will be dealt with toughly by Scotland’s Crown Office & Procurator Fiscal Service (COPFS) claims Lord Advocate Frank Mulholland today who says anyone making hoax calls could face up to three months in jail. Meanwhile, the public have also been asked to report any suspicious activity or packages to Police, and as one officer commented, suspicious activity also includes any Council or Crown Office staff loitering or observed taking bungs from their criminal contacts (We recommend you take a picture first & send it in to us – Ed)

HOAX CALLERS DISRUPTING OLYMPIC EVENTS IN SCOTLAND COULD FACE IMPRISONMENT SAYS LORD ADVOCATE

Hoax callers who try to disrupt Olympic Games events in Scotland will risk imprisonment the Lord Advocate has warned today.

Prosecutors across the country will take tough action against anyone caught making hoax calls. Those who make hoax calls at any time put the lives of others at risk by diverting emergency services from genuine incidents. They also waste public resources, can create fear and cause disruption. Disruption could be more acute during public events such as the forthcoming Olympic Games football matches in Glasgow.

The Lord Advocate Frank Mulholland QC said: “The tough prosecution stance is designed to act as a deterrent and contribute towards a successful Olympic Games. The eyes of the world are on Great Britain; and Scotland will be a showcase for football competitions in Glasgow. Through our action I hope the prosecution service will help to deliver a safe and enjoyable Olympic Games”.

Hoax callers could face up to three months imprisonment for fire related offences and seven years for bomb hoax offences.

Detective Chief Superintendent John Cuddihy, Head of Serious and Organised Crime and Counter Terrorism, Strathclyde Police said: “The Olympic Games is the greatest sporting spectacle on earth, however, unfortunately there is a very small number of people who will try to spoil this event for everyone by making a hoax bomb call. Let me be clear, anyone who makes a hoax call will be found and will be arrested. Taking officers away from genuine incidents and wasting their time will not be tolerated.

“However, anyone who has a genuine suspicion about a person, a package or anything else must not be dissuaded from contacting police immediately. Even if you are not sure about something you have seen or heard, let us know, let us investigate and let us keep everyone safe.”

Troubled law firm Dundas & Wilson set up ‘firm inside a firm’, insiders doubt claims of 'savings for clients as profits increase'

TROUBLED Edinburgh law firm DUNDAS & WILSON, recently hit in the ‘Tender Bender’ resignation scandal involving insider information obtained by a senior partner in a bidding contract has set up a firm within the firm comprised exclusively of paralegals to carry out work for clients which would previously been undertaken by solicitors. The firm claimed the move would save clients money, as much of the work to be carried out by the Legal Services Unit (LSU) would focus on routine, procedural and repeat work.

Led by Fiona Letham, a solicitor at the firm for 14 years, the Legal Services Unit (LSU) will otherwise be staffed by paralegals, undertaking tasks such as searches, filing, registrations, basic due diligence, and document review and collation. The team of nine will be based across Scotland, but provide support to the London office as well as the Scottish offices in Edinburgh, Glasgow and Aberdeen. The firm is already looking to hire more paralegals to expand the unit.

The recently elected managing partner Allan Wernham, who will supervise the LSU operation, said: "I am excited to be part of the launch of the Legal Services Unit. Clients are very interested in their law firms coming up with innovative ways to resource their work and new delivery models that can improve efficiency. The LSU allows us to provide clients with more flexible resource for volume tasks, but at the same time, retain the assurance of having work done by a leading law firm.”

Mr Wernham went onto claim : “The LSU is a breath of fresh air in the legal market and as well as being advantageous for clients, it will benefit paralegals, who will have a new career path opened up to them.”

However, a legal insider commented he thought it was unlikely costs to clients will be reduced, also pointing out the situation remains unclear as to whether clients will be told their legal interests are not being dealt with by a fully qualified solicitor, or whether the same ‘safeguards’ for poorly provided services or negligent work will cover the activities of the paralegals in the new ‘arms length’ style unit. (Oh no, not another Glasgow City Council style ALEO ! – Ed)

Accountant in Bankruptcy agents try to seize wrong house in bankruptcy of disabled client ordered by Perth law firm over disputed legal fees

Perth lawyers bankrupted ill client on benefits for disputed fees. A BANKRUPTCY ordered by Perth law firm Kippen Campbell against a severely ill client in receipt of disability benefits, over disputed legal fees of around £2,700 in connection with a damages claim in Scotland’s Court of Session which curiously collapsed under the law firm’s representation has today been highlighted as an example of harassment by Scots law firms for questionable fees after revelations in the media that agents acting for Scotland’s Accountant in Bankruptcy threatened to seize property belonging to a family completely unconnected to debts which Kippen Campbell claim are owed to them.

Documents passed to Scottish Law Reporter this afternoon appear to show moves made to recover the demanded legal fees became so desperate, Glasgow based accountants Wylie & Bisset who are acting on behalf of the Accountant in Bankruptcy, sent demands to Kippen Campbell’s former client Mr Gordon who lives in Perth, threatening seizure & sale of his property, which he does not own, and the seizure & sale of another property owned by an unconnected family who live in Rattray, Blairgowrie, whose surname is also Gordon.

Threatening letters – Pay up for lawyers fees or we make you homeless say AIB’s agents. In letters sent to Mr Gordon, Wylie & Bisset demand a “required payment” of NINETY TWO THOUSAND & FIVE HUNDRED POUNDS, and goes on to threaten “We require firm proposals for the realisation of the sum in question to your sequestrated estate as a matter of urgency. Should we not receive your proposals within 14 days of the date of this letter, then please be aware that we shall be forced to seek action for vacant possession of the property.”.

The property which Wylie & Bisset were attempting to seize and had valued, at £185,000, was located in Rattray, Blairgowrie, and owned by a family unconnected to Mr Gordon. Yet the debt allegedly owed to the Perth based law firm amounted to little more than £2,700, which now appears to have increased to some £6,600 taking into account several hearings at Perth Sheriff Court which have artificially inflated the original demand for the disputed legal fees.

Another demand sent to Mr Gordon from Wylie & Bisset, just a few days after the earlier threat, stated : “Please note that should suitable proposals not be received in writing, within 7 days, then we will have no alternative but to instruct a solicitor to raise proceedings in court for the forced sale of your property.”

The bankruptcy case affecting Mr Gordon appears to have been a complex one, to say the least, with a further series of documents handed to journalists which appear to contain the names & apparently photocopied signatures of various Sheriffs, including Sheriff Lindsay Foulis and Sheriff Principal Alistair Dunlop on badly copied documents purporting to be court interlocutors.

The documents reveal a lengthy, bitter series of hearings raised by local solicitors Kippen Campbell in Perth Sheriff Court against their former client Mr Gordon, which appears to have culminated in an order to bankrupt Mr Gordon and the attempt to make him homeless over the disputed fees. However Mr Gordon was unable to attend any of the court hearings as his doctors had certified him too ill to attend court on no less than seven occasions and had informed the court of this in writing.

A legal insider studying some of the documents sent to Mr Gordon by a collection of Sheriff Officers, debt collectors & the Scottish Court Service said : “It is difficult to tell if Mr Gordon has actually been made bankrupt from the confused mess of paperwork & photocopied documents sent to him”

Further material passed to Scottish Law Reporter this afternoon, reveals a worrying series of recorded audio conversations involving Court staff based at Perth Sheriff Court, who appear to give conflicting instructions to Mr Gordon, who was at one stage told by key staff at Perth Sheriff Court not to attend the hearings.

Also, an alarming series of email exchanges between staff at Perth Sheriff Court and persons unconnected with Mr Gordon appear to show court staff broke Data Protection laws and passed key personal details of Mr Gordon including sensitive details of court hearings, to outsiders.

No one from the Accountant in Bankruptcy has issued any statement on the case, or explained why agents Wylie & Bisset acting on the authority of the AIB decided to attempt to seize the properties of families unconnected to debts claimed to be owed to lawyers Kippen Campbell. Similarly, no one from Perth based Kippen Campbell has issued any comment.

One legal expert speaking to Scottish Law Reporter earlier today claimed law firms are increasingly using the AIB to go after clients for disputed legal fees connected to cases which have invariably collapsed in similar circumstances to that of Mr Gordon. Scottish Law Reporter will be investigating these claims for further reports.

Today’s Herald newspaper has featured a report on the bankruptcy case against Mr Gordon, here :

Accountants target wrong Mr Gordon

AN accountancy firm handling the sequestration of a man was preparing to seize the home of someone with the same name.

William Gordon, who lives in a rented house in Perth, was stunned to receive letters from Glasgow-based Wylie & Bisset demanding to know how much equity he had in a detached home in Rattray, Perthshire. When he ignored the letter, another arrived telling him a professional valuation had been conducted and the firm would target his share in the equity to cover a debt of £5200 to Perth law firm Kippen Campbell.

In fact, the William Gordon who owns the home in Rattray confirmed he had no connection with his namesake.

He said: "You'd think professionals involved in such a serious business would carry out their job a bit more thoroughly."

The target of the sequestration added: "I pay rent on a modest home in Perth. Why would I be doing that if I owned a lovely detached house 15 miles away in one of the most desirable parts of Perthshire?"

Wylie & Bisset was appointed by the Accountant in Bankruptcy (AIB) to pursue the legal firm's debt. Gordon Chalmers, a partner in Wylie & Bisset, said: "It would be inappropriate for me to add anything further to what you have from the AIB on the matter."

Calls for transparency over £5 MILLION staff handouts & £318K exit package for ex Scottish Borders Council Chief Executive

Calls for openness over staggering £318K payoff for Council Chief Executive David Hume. THE CONTROVERSY continues over massive payouts of sums totalling FIVE MILLION POUNDS of public money handed out by Scottish Borders Council to some two hundred staff including a huge payout of £318,000 to former Chief Executive David Hume, as calls grow for openness and transparency over what has been dubbed unjustifiable outlays from the scandal hit Council which now finds itself in debt to the tune of £262 million pounds. Scottish Law Reporter reported on the over generous £5 million pound exit packages handed out to 203 SBC staff and late last week, we revealed in an exclusive report how former Chief Executive David Hume has now taken up a consultancy role for the Scottish Government who are paying his salary via a Limited company.

In response to the Southern Reporter’s publishing of a report regarding Mr Hume’s massive payout, Council publishes details of former chief exec’s exit deal, retired Scotsman journalist William Chisholm, who has been looking into the overgenerous exit packages awarded to staff at Scottish Borders Council has raised serious questions enquiring which Council committee signed off these exit deals, and suggested that “a significant number of the councillors who were members of Scottish Borders Council prior to this May’s elections had no knowledge of these extremely generous packages until the council’s accounts were published on June 30th.”

In the Southern Reporter’s article, SBC’s current Chief Executive, ‘Ms’ Tracey Logan told the paper : “We have been as open and transparent as we can. We are required to publish these details and it can all be taken at face value.”

However, Mr Chisholm rubbished ‘Ms’ Logan’s claims, pointing out the figures relating to David Hume’s massive payoff only became public after the media published details of several Freedom of Information requests which partially revealed the extent of double dealing and secrecy within the Council relating to the circumstances of Mr Hume’s departure, branded a ‘retirement’ by SBC leader David Parker, while documents obtained from Audit Scotland confirmed Mr Hume’s exit was in actuality a voluntary redundancy.

The Southern also further quoted ‘Ms’ Logan as saying “she felt people were entitled to a degree of privacy in their lives, even those working for public organisations such as the council.”

However, campaigners have countered whenever public funds are involved, especially in such numbers, there should be full transparency with no exception.

Campaigners have also queried why Scottish Borders Council “severely obstructed freedom of information requests” regarding Mr Hume’s departure, especially in light of facts reporting Mr Hume’s new position as a consultant for Children's Hearings Scotland, a Scottish Government quango, is being paid for via a limited company.

A member of the public who outed Mr Hume's latest lucrative position after leaving SBC, has told Scottish Law Reporter such payment arrangements using limited companies are now widely recognised as TAX AVOIDANCE schemes, a claim which has shamed earlier claims by Scottish Government Finance Secretary John Swinney that no such salaries are paid in Scotland.

Retired Scotsman journalist William Chisholm tackles the crisis in transparency at Scottish Borders Council :

Openness and transparency a must from now on

By William Chisholm

Your report “Council publishes details of former chief exec’s exit deal” (July 5) included statements from Mr David Hume’s successor which claimed: “We have been as open and transparent as we can” and “It can all be taken at face value”.

Those claims have something of a hollow ring to them given that Scottish Borders Council’s Freedom of Information archive shows our local authority refused requests to reveal details of the eye watering amounts of our money which had been handed over to departing members of staff during the 2011/2012 financial year.

I feel certain that but for changes in the rules governing local authority remuneration reports – councils MUST now divulge these previously well-guarded financial secrets – Borders council taxpayers would never have been told that more than £5 million had been distributed to 203 “retiring” members of staff.

Indeed it has been suggested to me that a significant number of the councillors who were members of SBC prior to this May’s elections had no knowledge of these extremely generous packages until the council’s accounts were published on June 30th. The same apparent lack of elected member involvement applied when it was decided to deposit millions of pounds of other people’s money in the unstable Icelandic banks between 2006 and 2008. Where was the transparency and openness?

So which council committee signed off these exit deals, and did anyone attempt to challenge the scale of the severance packages? A number of other councils have managed to reduce staff numbers at less cost suggesting the SBC programme is not particularly discriminatory.

According to the recently published accounts annual recurring savings from the £5.184 million exit packages will total an impressive £3.693 million with a pay-back period of 1.4 years. That remains to be seen. However, none of those savings will accrue from Mr Hume’s departure as he has been replaced after receiving £103,000 as “compensation for loss of employment”.

And do the projected savings take into account SBC’s decision to seek and obtain the Scottish Government’s consent to borrow £1.7 million to cover severance costs? So far, according to Government figures, SBC has used £1.291 million of that consent as well as the £1.021 million they borrowed to make up the Icelandic bank losses. ‘Borrow your way out of trouble’ seems to be the policy.

I would argue there has been a deliberate lack of openness and transparency on the part of the vast majority of local authorities over many decades. Yet if their plans and decisions hatched in private are sound and fair then why do they have to be forced to eventually disclose so many matters of public interest? Will openness and transparency triumph at SBC from now on? Watch this space!

NIL TRANSPARENCY AT SCOTTISH BORDERS COUNCIL

Chief Executive Tracey Logan – campaigners asked Council about ‘relationships, conflict of interest’ with David Hume. Scottish Borders Council officials have still not explained the reasons behind Freedom of Information requests raised by members of the public in relation to “any business or personal relationships or conflicts of interest between either party occurring prior to Tracey Logan's appointment as Chief Executive and during the time Mr Hume was Chief Executive”, reported in an earlier article HERE. The same report also revealed that ‘Ms’ Logan had been signed off work for a number of weeks during the media scandal surrounding Mr Hume’s exit from SBC, and that during her absence, some SEVENTEEN THOUSAND POUNDS was spent on redecorating her office, previously occupied by Mr Hume.

Council Leader David Parker & Chief Executive David Hume before murky exit While behind the scenes bitter legal negotiations were going on between lawyers acting for Mr Hume & the Council over a “voluntary redundancy” which Council Chiefs had spun into a “retirement, Council Leader David Parker said in a press release announcing Hume’s exit : “The Council is most grateful to David for his loyal and dedicated service over the last nine years. He has been instrumental in the Council’s success, and has demonstrated enormous commitment to the Council and the Scottish Borders. He departs with the best wishes of all elected Members and staff. He leaves a Council that is in strong heart, and which has been transformed under his leadership.”

Scottish Law Reporter has previously covered a long battle between local campaigners and Scottish Borders Council who were refusing to publish details of Mr Hume’s huge publicly funded pay off in articles HERE, where it was reported Mr Hume was effectively “pushed out” of his Council post, and HERE, where it had become clear senior figures at the Council had used the scandal & cover up to maintain their grip on power.

Revelations of Mr Hume’s spending spree on Council funded credit cards, reported in more detail by Scottish Law Reporter HERE, was taken up by the SNP’s Christine Grahame, MSP for the area and Chair of the Scottish Parliament’s Justice Committee who questioned why Mr Hume was able to use a corporate credit card while many constituents in the Scottish Borders are facing financial oblivion.