Wednesday, August 15, 2012

TWO MILLION POUNDS of PUBLIC MONEY handed over to Glasgow accountants who seized benefits & went after wrong house to pay lawyers fees

‘We’re in the money’ - Quiet unassuming office of Wylie & Bisset in Glasgow, who receive millions from public funds for pursuing sequestration cases. WYLIE & BISSET LLP, a firm of accountants in Glasgow who act as agents for the Accountant in Bankruptcy and were recently featured in media reports after having threatened seizure of properties to pay off alleged debts to Perth Law firm Kippen Campbell, are revealed today to have received OVER TWO MILLION POUNDS of taxpayers money since April 2009, according to information released from the AIB in response to a Freedom of Information request.

The AIB admitted in their Freedom of Information disclosure, available to view online HERE : I can confirm that Wylie & Bisset are one of six Providers, who were appointed to administer cases on behalf of the Accountant in Bankruptcy under an Agency Framework Agreement. This contract commenced on 1 April 2009.

Since the commencement of this contract in April 2009, until 31 March 2012, Wylie & Bisset have been paid £2,066,686.50, for the administration of cases on behalf of The Accountant in Bankruptcy.

Since Scottish Law Reporter originally covered the case of a Mr William Gordon, of Perth, who was threatened by Wylie & Bisset in an attempt to seize his home (which he does not own) and the property of another Mr Gordon in Blairgowrie to pay off Perth lawyers Kippen Campbell, it now transpires the Glasgow based accountants also froze Mr Gordon’s Disability Living Allowance benefit payments for at least FOUR MONTHS, reported by popular Scots law blog “Diary of Injustice”, HERE

However, inquiries made by journalists for Scottish Law Reporter today reveal that Wylie & Bisset have again, seized Mr Gordon’s bank accounts at Lloyds TSB in Perth, blocking his access to his Disability Living Allowance payments, in what appears to be an attempt to starve him out.

The Freedom of Information response from the Accountant in Bankruptcy also reveals Wylie & Bisset have been implicated in at least EIGHTEEN COMPLAINTS made about the way in which they handle cases allocated to them by the Accountant in Bankruptcy’s multi million pound office in Kilwinning, although the AIB did not disclose outcomes of complaints or the exact subject & sums of money involved in the complaints.

The AIB finally admitted there were complaints made against Wylie & Bisset, their response stated : “I can confirm that there have been 18 complaints made to AiB in respect of Wylie & Bisset, from 1 April 2009 to date, 27 July 2012. These complaints were on a variety of issues, not necessarily on the conduct of Wylie & Bisset or their administration of cases and included matters relating to the general bankruptcy process which is governed by legislation.”

However, the AIB attempted to explain away any concern caused by the levels of complaints, claiming the complex nature of work performed by Wylie & Bisset, at massive public expense, made it likely errors would occur.

The AIB’s response claimed : The administration of sequestrations is a complex task where a range of information is obtained from various sources.  During this process it is possible for errors to occur, though the Accountant in Bankruptcy is satisfied that our Providers give a consistently high standard of service when acting on our behalf

Any errors made during the administration of a case are not routinely recorded. In the event that an error is identified, the matter would be handled by the Provider.  Any issues that arise are reviewed and immediate steps are taken to correct the error and to ensure that lessons are learned to prevent repetition.  The AiB Contract Operations Team is responsible for auditing the work of our Providers to ensure that quality standards are maintained. Any complaints made against our Providers are recorded by Accountant in Bankruptcy’s Contract Operations Team and the Provider. 

The AIB finally admitted there were complaints made against Wylie & Bisset, their response stated : “I can confirm that there have been 18 complaints made to AiB in respect of Wylie & Bisset, from 1 April 2009 to date, 27 July 2012. These complaints were on a variety of issues, not necessarily on the conduct of Wylie & Bisset or their administration of cases and included matters relating to the general bankruptcy process which is governed by legislation.”

It was also admitted some 3703 cases had been given to Wylie & Bisset although legal experts said the vast majority of work done in these cases would be minimal, given the nature of sequestrations and the unlikelihood of repayment particularly in the current financial downturn.

Speaking to Scottish Law Reporter earlier today, a legal insider said he was surprised about the amount of public money being handed over to private accountancy firms such as Wylie & Bisset while the AIB has such a high headcount of staff, particularly many accountants paid out of more public funds. The operational budget for the Accountant in Bankruptcy in 2012-2013 as listed in their yearly ‘business plan’ is nearly FIFTEEN MILLION POUNDS.

The insider said : “I wonder how much of this multi million pound spending spree on private accountants & law firms accounts for the burgeoning budget of the AIB. It seems to me their sums don't add up.”

Wylie & Bisset – Your house or someone else’s house to pay your ex lawyers fees :

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.”

Monday, August 13, 2012

Borders Solicitor who wife claimed ‘may contemplate suicide’, sued a grandparent for £150K over leaflet criticism in divorce case, gets only £15K

Borders solicitor Ronald Hastings 'may have contemplated suicide' over leaflet allegations of lying in court, sued the grandparent author instead. RONALD ANDREW HASTINGS (aged 53), a solicitor who runs Hastings & Co, The Square, Kelso, a law firm & estate agents based in the Scottish Borders is reported to have been awarded FIFTEEN THOUSAND POUNDS after he sued a grandparent for ONE HUNDRED & FIFTY THOUSAND POUNDS over claims he lied to a court in connection with reports the solicitor compiled in a divorce case. Court of Session judge Lord Mathews who heard the case, found claims made by the grandparent in the leaflet naming Mr Hastings in connection with allegations relating to the divorce case, to be ‘vitriolic’.

However, Lord Mathews REFUSED to take into account evidence provided by the solicitor’s wife that she feared her husband was contemplating suicide over the incident, saying “that was not something which was referred to by the pursuer at all far less as being something which was attributable to the statements made about himas no similar claims had been made by Mr Hastings to the court.”

The Herald newspaper reported on the case : “The dispute between Mr Hastings and the man – who cannot be named for legal reasons –began when the solicitor was instructed to compile a report in a divorce case at Jedburgh Sheriff Court. It involved him (Mr Hastings) reporting on the circumstances of the grandchildren of the man involved. The grandfather was unhappy with the report as it contained certain claims against him and his contact with the children, which were later found to be inaccurate. He then began posting leaflets to homes and businesses in Kelso, rubbishing Mr Hastings's name.”

The Court of Session was told Mr Hastings was a solicitor in the Borders. By interlocutor dated 30 January 2004 pronounced at Jedburgh Sheriff Court he was appointed to investigate and report on the welfare and circumstances of the children of the parties to a divorce action. The defender in that action was the current defender's son, the children therefore being his grandchildren. Having made certain investigations and interviewed the defender on 24 February 2004, the pursuer submitted his report to the court on 4 March 2004. It is now accepted that the report contained certain inaccuracies. Broadly speaking, the pursuer contends that these were innocent mistakes, while the defender's position is that these were malicious lies.

Speaking in support of her husband, Mrs Hastings told the court in evidence : “She worried about his state of mental health and was concerned in case he would contemplate suicide. On one occasion they had had an argument and he started putting things into an overnight bag. She thought that he was going to drive off but she hid the car keys and his mobile so that he could not go away.”

However, Lord Mathews said he would not take Mrs Hastings claims of worries her husband would commit suicide into account as there was no attribution to this by Mr Hastings in his own testimony to the court.

Lord Mathews said : “I have no doubt that all of this has had an effect on the defender but it is the effect on the pursuer which I have to consider. In doing so I have to have regard to a number of factors. The pursuer's own evidence was that he had been distracted from getting on with his job, had missed some days at work, at least in part, due to the stress of this and there had been some family worries.”

“His wife went further, indicating that he had lost his motivation quite a lot, had put on weight, had stopped exercising and at least to some extent was no longer motivated to go into work. He wondered what the point was of doing a good job if someone could demolish his reputation. He was very down hearted and the whole matter had put strains on their marriage. She did refer to concerns that he might commit suicide but that was not something which was referred to by the pursuer at all far less as being something which was attributable to the statements made about him.”

“I have no reason to doubt the evidence of the pursuer's wife but in the absence of any attribution by him of suicidal thoughts to the defamation, I do not take them into account. It seems to me also that the effect of the court action is probably marginal. As I assess his evidence the pursuer understood that solicitors were used to criticisms and his main concern was to put the matter to bed by way of a permanent interdict.”

Lord Mathews commented on the size of Mr Hastings £150K claim for damages, saying : “I do not consider, on the evidence before me, that the damages should be as great as they were in for example Munro v Brown, and I assess solatium at £15,000. Most of the damage has already been done and I order that interest at the rate of eight per cent per annum should run on £10,000 of that award from 10 April 2011 when the material was first published. Finally, I should say that there was an issue as to whether the offending material should have been placed in the report at all. It seems to me that in light of the contents of number 6/7 of process, the letter dated 4 February 2004 from Mr McNab, it was a matter which the pursuer was duty bound to investigate. Had he ignored it and had the matter come to light at a later stage, he would have been open to criticism. Even if there was no such duty and the inclusion of the material was a matter for the pursuer's discretion, I cannot hold that the manner in which he exercised that discretion was unreasonable or unwarranted.”

Lord Mathews decision stated : “I shall sustain the first, third and in part the fourth pleas in law for the pursuer, repel the first and in part the second pleas in law for the defender and I shall grant decree for interdict in terms of the first conclusion and for payment by the defender to the pursuer of the sum of £15,000 sterling with interest on £10,000 thereof at the rate of eight per centum per annum from 10 April 2011 until payment. The case will be put out By Order on the question of expenses.”

The full opinion of Lord Mathews in the case can be read online here : OUTER HOUSE, COURT OF SESSION [2012] CSOH 126 A189/11 OPINION OF LORD MATTHEWS in the cause R A H Pursuer; against M H Defender or on the Scottish Court Service website HERE

Questions have since been raised as to why the solicitor’s initials were only published in the Court’s decision, rather than his full name. The solicitor’s firm of Hastings & Co, The Square Kelso, was also omitted from the Court’s published decision, with the firm’s initials only appearing as H & Co in Kelso.

No explanation for the apparent attempt at removing key information on the solicitor’s identity and his practice in Kelso from the public domain has been offered at this time by the Scottish Court Service.

The Herald Newspaper, who identified the solicitor as Ronald Hastings of Kelso, and publish his picture, reports :

Lawyer awarded damages after 'liar' smear campaign

Victoria Weldon Reporter

A SOLICITOR has been awarded £15,000 in damages after being subjected to a smear campaign that falsely claimed he was a malicious liar.

Ronald Hastings, 53, was awarded the sum, plus expenses, after a man involved in one of his cases handed out about 100 fliers in the town where he worked, claiming he knowingly supplied false information to the court.

The lawyer, who runs his own estate agents and law firm, Hastings & Co, in Kelso in the Scottish Borders, told the Court of Session in Edinburgh that the claims damaged his reputation and forced him to take time off work due to stress.

He also claimed he became demotivated and developed family problems.

Court documents submitted on behalf of Mr Hastings said: "The Pursuer has suffered injury to his feelings, standing and professional reputation as a result of the distribution by the defender of the false and defamatory statements.

"The statements caused and continue to cause distress. The pursuer's estate agency business is well know in the Scottish Borders. The Pursuer's name is that of the business. His reputation is important to the business."

The dispute between Mr Hastings and the man – who cannot be named for legal reasons –began when the solicitor was instructed to compile a report in a divorce case at Jedburgh Sheriff Court.

It involved him reporting on the circumstances of the grandchildren of the man involved.

The grandfather was unhappy with the report as it contained certain claims against him and his contact with the children, which were later found to be inaccurate.

He then began posting leaflets to homes and businesses in Kelso, rubbishing Mr Hastings's name.

The fliers stated: "WARNING! Ron Hastings, solicitor and estate agent, IS A LIAR. When acting as a court reporter, he knowingly supplied false, and in my opinion MALICIOUS information to a Sherriff's [sic] Court Report, that was put into the public domain.

"Under Scottish Law, this is a very serious offence, yet the Legal System has done NOTHING about it. WHY?

"IS THIS SCOTTISH JUSTICE? SHAME ON YOU Mr Hastings!

"WHAT PART OF THOU SHALT NOT BEAR FALSE WITNESS DON'T YOU UNDERSTAND?"

The defender restated his case in court, claiming that the solicitor had deliberately included false information about him in the report.

However, Judge Lord Matthews accepted that it was an "innocent error", which was later flagged up to the court, and awarded in favour of Mr Hastings.

In a written judgment on the case, Lord Matthews said: "I am unable to find it proved that the pursuer told a deliberate lie.

"In the first place there is simply no reason for him to have done so. He had, on the evidence which I accept, never met the defender before."

The judge added: "The sting in the handbills is that the pursuer maliciously lied to the court in the course of carrying out his duty as a court reporter. The defender has failed to prove that is true and accordingly I find for the pursuer."

Mr Hastings asked the court to award £150,000 in damages, but Lord Matthews deemed that he was only entitled to £15,000.

The judge also granted a perpetual court order banning the grandfather from making any further claims against Mr Hastings.

He said: "The contents of the handbill are, in my opinion, vitriolic. It seems to me to be quite probable that if the defender is not prevented from doing so, he will continue to wage a campaign of sorts against the pursuer and accordingly I am prepared to pronounce a perpetual interdict."

Mr Hastings did not respond to calls from The Herald.

Sunday, August 12, 2012

Sectarian Scotland : SNP to tackle root problems of ‘Catholic Bashing’ & sectarian hatred with £116K funding for school plays

euscotchurchSNP tackle anti-Catholic bigotry & church desecrations with school plays & destruction of hate crime statistics. FROM the same SNP Scottish Government who authorised the Crown Office & Procurator Fiscal Service (COPFS) to destroy years of sectarian crime statistics so as to avoid public shock at the scale of the problem, a new policy to tackle sectarian bigotry & hatred has been announced by Community Safety Minister Roseanna Cunningham in the form of funding for a school play & a ‘spirituality’ festival. The latest move by the SNP forms part of a charm offensive to calm fears expressed in the predominantly Catholic EU over Scotland’s sectarian problem and the extent to which it has been covered up, seemingly at the highest levels of Government.

The Scottish Government issued a media release yesterday claiming the new project, involving forty school pupils to devise a stage play will educate the next generation of Scots.

Ms Cunningham sought maximum publicity for her announcement, made while attending "Scotland's Apartheid: Can we heal the green and orange sectarian divide?" as part of the “Festival of Spirituality and Peace”. The minister also announced £9,000 of public money to be handed over to the “Festival of Spirituality and Peace” to run a series of events on sectarianism, emblazoned with SNP logos & pro-independence voting campaigns.

Scottish Government Press Release : Funding announced to tackle bigotry

Communities Minister Roseanna Cunningham said: “Hatred of any kind has no place in modern Scotland and we need to do everything we can to stop it wherever and whenever it occurs, whilst tackling the root causes. We need to develop a broad set of actions to tackle it in different ways across society, from grassroots projects in communities, through to education and other initiatives which address the root causes of sectarianism. There is already some fantastic work taking place in communities across the country and we want to build on that success.

Ms Cunningham continued : “The work the Citizens Theatre are doing working with schools to educate the next generation of young Scots has been widely acclaimed and I am delighted this funding will help roll it out to South Lanarkshire. I hope the same success we’ve seen in Glasgow can be replicated in other areas of Scotland and projects like this are so important.

“Similarly, the funding for the Festival of Spirituality and Peace to run a series of events on sectarianism can help challenge attitudes and send out a strong message that sectarianism is never acceptable, never excusable. Sectarianism has ruined the lives of too many people and too many communities for far long enough. Working with organisations and communities across the country, we are determined to take wide-ranging action society to eradicate it once and for all. True change will only come about when we all take a stand against sectarianism and do our part in the fight against bigotry and hatred.”

However, the SNP’s policy on tackling sectarian bigotry & religious hatred in Scotland appears to be anything but genuine, where previously Scottish Law Reporter covered the destruction of the sectarian data by the Crown Office, here : SECTARIAN SCOTLAND COVER-UP : Crown Office admits it destroyed sectarian offences data ‘showing majority of crimes were against Catholics’.

The data on sectarian offences was ordered to be destroyed after Professor Tom Devine urged msps during a session of the Scottish Parliament’s Justice Committee (click Professor Tom Devine speaking on Crown Office sectarian data analysis to watch video clip)to request sight of the now destroyed hate crime statistics for further study.

Today, a leading critic of the Scottish Government’s policies on sectarianism in Scotland rubbished Ms Cunningham's claims the latest funding award would tackle root problems of sectarianism.

He said : “If Mr Salmond and the SNP are serious about tackling the root problems of sectarianism in Scotland, no Orange Order march will ever again be allowed to take place on Scottish soil.”

The Scottish Government was unavailable for any further comment.

Friday, August 10, 2012

MacAskill pockets a £208K Chief Constable as SNP Scottish Government’s new Single Scottish Police State gets Royal Assent

Justice Secretary MacAskill missed out on chance of another patronising ramble in cop merger statement. IN KEEPING with the Scottish Government’s fanfare for all things Scottish, and ensuring all public institutions have an SNP stamp upon them, the Police & Fire Reform (Scotland) Act 2012, creating a single, highly politicised Police Service of Scotland and a single Scottish Fire & Rescue Service has today been given Royal Assent. The Scottish Government announced the new act in the usual style : Royal Assent for Police and Fire Reform with the only missing figure being the former High Street solicitor now in charge of Justice ‘for life’, Scotland’s Justice Secretary Kenny MacAskill who is looking for a new Paid Piper Chief Constable who will make TWO HUNDRED & EIGHT THOUSAND POUNDS a year in the “Yes Minister” policing post.

Scottish Government Press Release :

The Police and Fire Reform (Scotland) Act 2012 creates a single Police Service of Scotland and a single Scottish Fire and Rescue Service to serve local communities and meet the demands and challenges of the 21st century.

It reduces duplication and creates a new streamlined structure across the current eight police forces, the Scottish Police Services Authority, the Scottish Crime and Drug Enforcement Agency and the eight fire and rescue services. By doing things differently and working more effectively and efficiently, the Act frees up resources for frontline services and is expected to save £1.7 billion over 15 years.

High priority provisions of the Act allowing for the appointments of the Chief Constable, Chief Officer of the Scottish Fire and Rescue Service and Chairs of the Scottish Police Authority (SPA) and SFRS, will come into effect tomorrow.

The recruitment process is well underway for these positions, as well as membership of the SPA and SFRS and the Police Investigations and Review Commissioner.

Community Safety and Legal Affairs Minister Roseanna Cunningham said: "This historic Act creates police and fire and rescue services fit for the future while protecting the excellent record of the past for our communities in Scotland. The new Police Service of Scotland and Scottish Fire and Rescue Service start from a position of strength. Crime is now at a 37-year low, helped by the record 1,000 extra officers this Government has delivered since 2007 and fire deaths are at their lowest level for a decade. Single services offer us a unique opportunity build on these strengths, while protecting the frontline.”

Ms Cunningham continued her ramble : "Reform will safeguard frontline police and fire and rescue in our communities. Local commanders and local senior officers for every council area in Scotland will work closely with local authorities and Community Planning Partnerships, to shape local services and prioritise local needs. Single services will also protect and enhance local policing and fire and rescue services, improving engagement with the public and increasing access to national services and expertise such as the new Specialist Crime Division, firearms teams and flood rescue, whenever and wherever they are needed. We are confident that the services will be ready on day one. Recruitment is well underway for key positions such as the Chief Constable and Chief Officer of the SFRS. We brought forward these appointments to maintain momentum, ensure a smooth transition and provide leadership of the services through the change, so that Scotland continues to have excellent police and fire and rescue services fit to face the challenges and opportunities of the 21st century."

With the merging of all of Scotland’s current eight regional Police forces, massive redundancies are expected while Ministerial interference in the running of the Police Service is expected to increase (So, SNP enemies better watch out then ? – Ed)

Mr MacAskill has previously commented on the new Police Service of Scotland, saying : “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

Wednesday, August 08, 2012

Law Society backs MacAskill's attempt to promote ‘bizarre’ Scots justice system as attractive place to litigate, conduct legal business

Justice Secretary MacAskill’s failed project to bring legal business to Scotland now gets Law Society backing & more taxpayer funding. AS PROFITS continue to SLIDE at Scots law firms, amid the double dip recession and clients lack of money or willingness to become entangled in lengthy legal disputes not easily resolved in Scotland’s antiquated “Victorian” justice system, the Law Society of Scotland today announced backing for another taxpayer funded initiative by the Scottish Government aiming to promote the legal profession & Scotland as an international hub for legal process outsourcing operations, legal business & litigation.

The latest attempt to shore up Scotland’s increasingly isolated legal system, where civil disputes can drag on for decades and often cost both sides millions of pounds of unrecoverable fees, comes after an earlier project undertaken by Justice Secretary Kenny MacAskill to attract foreign law firms & litigants to Scotland’s almost bizarre courts, fell flat on its face, in spite of a megaspend of public money on the now all but forgotten policy which failed to attract one single case to Scotland’s courts.

Sex for justice scandal and Scots law make unattractive headlines for those trying to encourage litigation to Scotland. The Law Society intends to promote the latest attempt to generate money for Scots law firms by holding an event promoting LPOs and other sectors of the Scottish legal services market in conjunction with the SDI, Scottish Government, and the Scottish Arbitration Centre at this year's International Bar Association Conference in Dublin in October.

Those interested in the Law Society’s latest try at bringing in business may also be interested to know the Scottish Arbitration Centre has featured in reports relating to a gay sex for justice favours scandal, dubbed the Magic Circle affair which brought down several Scottish judges, and has stained the reputation of judges & Scots courts to this day.

The Law Society of Scotland said in a Press Release it had been in discussions with Scottish Development International and Scottish law firms on the potential to attract and secure legal process outsourcing operations (LPOs) as part of the drive to position Scotland as an international centre for conducting legal business.

SDI, the Scottish Government international economic development agency, is encouraging legal process outsourcing providers to locate in Scotland citing the high quality of legal education and the capability to do more complex outsourcing work. Law firms and other companies which decide to open support service operations in Scotland would also be able to apply for funding and development grants.

Lorna Jack, chief executive of the Law Society of Scotland, said: "Scottish solicitors are highly regarded internationally [haha, like our Bankers – Ed] and we have welcomed SDI's recognition of the importance of Scotland's legal sector to our economy and its plans to attract more legal work to Scotland from around the globe.

"The legal sector is a major employer in Scotland, providing around 20,000 jobs, including our 10,400 solicitor members, and contributing £1.2 billion to the Scottish economy and I would hope that encouraging organisations to outsource their legal process work here will boost that further.

"In addition to promoting our expertise to elsewhere in the UK and overseas, many of our larger law firms already outsource legal processing work to third party providers. This would give them increased choice and the opportunity to keep the work in Scotland in addition to generating job opportunities, both for qualified solicitors and for law graduates who aim to qualify as solicitors. The legal services market is currently undergoing huge change and it's important to make sure that our members can benefit from new opportunities and that we promote what Scotland has to offer to the legal and business communities both at home and further afield."

Commenting on the Law Society’s announcement today, a legal insider claimed legal process outsourcing operations may do much better south of the border or in the EU countries where the costs of litigation and legal operations are far less than in Scotland. He went onto accuse the Scots legal market of being internationally famed for its inefficiencies, poor regulation & being one of the most difficult in which to operate.

The figures quoted by Ms Jack in the Law Society’s press release over how much the legal profession “contribute to the Scottish economy” are also thought to be highly inaccurate, bearing little relation to current business in the Scots legal sector which have seen a number of firms forced to merge, even some who ‘employed’ Scotland’s First Minister Alex Salmond to travel abroad on their behalf and beg for business.

One Law Society critic questioned why the Law Society needs the use of public money to promote the legal profession if its membership are so wealthy. He said : “Why is MacAskill trying to give the legal profession a multi million pound leg over while the SNP cut public sector jobs in hospitals & other parts of the justice system?”

In response to queries, the Scottish Government have refused to give any figures of how much public money has been budgeted for the project, however legal sources indicated the costs may run into millions of pounds, at a time of public service cuts and extreme pressure on public spending in Scotland.

Tuesday, August 07, 2012

Crown Office silent on rumours major Scottish Banks laundered billions for suspected terrorists, rogue states & US sanction busters

crown officeCrown Office not keen on catching crooked bankers ? AMID the fallout over allegations made by US regulators of $250billion money laundering schemes at Standard Charted Bank, rumours circulating about the findings of investigations conducted by US & other foreign banking regulators appear to indicate at least one major Scottish Bank bailed out by UK taxpayers is also suspected of laundering billions of pounds for terrorists, rogue states & countries subject to US and international sanctions.

Yesterday, The New York State Department of Financial Services said Standard Chartered, based in the UK has laundered as much as $250bn (£161bn) over nearly a decade. Regulators claimed the bank hid around 60,000 such secret transactions for "Iranian financial institutions" that were subject to US economic sanctions

While the bank denied the allegations, saying that it "strongly rejects the position or portrayal of facts as set out in the order", US regulators labelled UK-based Standard Chartered a "rogue institution" and ordered the bank to "explain these apparent violations of law" from 2001 to 2010, accusing Standard Chartered of falsifying payment directions by stripping the message of unwanted data that showed the clients were Iranian, replacing it with false entries.

While British regulators have said little over the accusations against Standard Chartered, new claims have emerged today that Scottish Banks are also suspected of hiding large money transactions from US regulators, in particular, one Scottish bank which ended up becoming one of the main symbols of the UK’s banking sector collapse amid corporate greed & corruption.

Despite the nature of the claims against the Scottish Bank, it appears UK regulators & politicians have not been so keen for details of the accusations against the bank to emerge, due to the vast amount of public money spent on at least one of the institutions, which is also mired in LIBOR rate fixing allegations.

The Crown Office have not issued comment on its position over the investigation it claims to be “ongoing” into banking failures & corruption in the Scottish banking sector, however details of a Freedom of Information request have been passed to Scottish Law Reporter, containing a statement from Lindsey Miller, Head of the Crown Office Serious & Organised Crime Division who said :

“From December 2011, following the publication of the Financial Services Authority (FSA) report into the failure of the Royal Bank of Scotland, the Crown, in consultation with officials from the Department of Business, Innovation and Skills (BIS) has been exploring the significance of the report (in terms of possible prosecution and/or action to have any individuals disqualified as company directors).”

“I lead a team, including my Deputy Head of Division and consultant accountants, who are assessing the work carried out by the FSA. The Division has recently been provided with a significant amount of further information by the FSA which is being examined. Regarding the settlement between the FSA and Barclays Bank in relation to misuse of the LIBOR system, the Lord Advocate instructed that the existing enquiry be extended to assess the FSA investigation in relation to other banks, particularly any based in Scotland. I have written to the Chairman of the FSA and the Director of the Serious Fraud Office (SFO) regarding the Crown's interest in considering, if appropriate, prosecution of any individuals or companies who are suspected of having committed offences in Scotland.”

“There has been liaison between SOCD and officials from the FSA and the SFO. The SOCD team already in place will also consider further information provided in relation to the LIBOR investigation and report to the law officers in due course. In order to ensure a full investigation into this matter, which will involve careful consideration of whether any offences have been committed under Scots law, either by individuals or companies and in order to protect the integrity of that investigation, it would be inappropriate to provide more detail at present.”

Commenting on the Crown Office stance, a legal source accused the Crown Office of “attempting to sweep allegations of wrongdoing against Scotland’s banking sector under the carpet”. He went onto predict there will be little if any action taken in Scotland against banks known to be involved in criminality and clear breaches of US sanctions.

A Scottish Government source indicated he was aware of the allegations but that it had nothing to do with the Scottish Government as banks were regulated by the FSA in London, ironically, an arrangement the current Scottish Government want to keep even in the event of independence.

The Quiet Fan : Westminster criticises unusual silence of Lord Advocate Frank Mulholland over independence referendum legalities

Lord Advocate Frank MulhollandLord Advocate Frank Mulholland, unusually silent over legalities of independence referendum. FRANK MULHOLLAND, Scotland’s usually vocal Lord Advocate on all things from illegal fish catches to organised crime (but not on seedy activities of COPFS staff or £1million breach of the peace cases), has been criticised by MPs of the Westminster Parliament for his unusual silence over the legalities of one of the most important issues to face Scots for decades, that of the SNP’s independence referendum and the legislative competency of the Scottish Parliament to deal with the issue.

The Scottish Affairs Committee, who have now called for referendum powers to be transferred to Holyrood for the independence referendum, reported by BBC News HERE, commented with regard to The legislative competence to hold a referendum on separation :

“…The Scottish Government … produced its own paper on 20 January 2012. In it, it argued that the 2010 question had been carefully drafted to meet the constraints of the Scotland Act; but if the UK Government was, as it had indicated, willing to extend devolved powers, then there should be a simpler question:

"Do you agree that Scotland should be an independent country?", apparently acknowledging that this would not be within the Parliament's legislative competence at present. It continued:

An adjustment of legislative competence under Section 30 of the Scotland Act 1998 would enable the Scottish Parliament to legislate for a referendum on the basis set out above. If the UK Government is unwilling to agree to such an adjustment without dictating unacceptable conditions, the Scottish Government will have the option of a referendum on the basis set out in paragraph 1.5. [i.e. a question like their 2010 draft which was designed to be within the limitations of existing legislative competence.][16]

The Committee, who have now called for powers to hold the referendum, said : “The Scottish Government, however, published no legal analysis, and the Lord Advocate, the Rt Hon Frank Mulholland QC—who is a member of the Scottish Government, and as its principal legal adviser will have advised his Ministerial colleagues on what their powers are—has made no contribution to debate on this issue. The Scottish Government nevertheless asserts that a referendum with a question about more devolution, or actually about separation but designed to look as if it were about extending the Scottish Parliament's powers, would be within its legislative competence.

25. We find the silence of the Lord Advocate remarkable. It is well understood that Law Officers do not, save exceptionally, make their advice public, but, on a matter such as this, there is a very strong public interest in understanding the legal basis of the Scottish Government's approach to a process which will determine the future of the country.”

However, as observers to the debate on the independence referendum will by now be well aware, it is not just Lord Advocate Frank Mulholland who has been seemingly gagged by the Scottish Government, who are also fighting a Freedom of Information order to release documentation relating to legal advice issued over the referendum, also reported by BBC News :

Scottish independence: Ministers to appeal EU FOI order

The Scottish government has said it will appeal after being ordered to reveal whether it holds legal advice on the status of an independent Scotland within the EU.

Labour MEP Catherine Stihler made an FoI request last May, asking the Holyrood administration for any legal advice it had received on the issue.

Ministers refused to reveal whether the information was held.

But Scotland's FoI Commissioner ruled its release was in the public interest.

Rosemary Agnew, the country's Freedom of Information Commissioner, said: "In the commissioner's view, the role of [the FoI Act] is important not only in ensuring transparency in information held by public authorities, but also in enabling transparency in information about process."

Ms Agnew said an independent Scotland's position in the EU "could have a bearing on how people vote in the referendum".

She ruled: "In this case, the commissioner considers that it is in the public interest to know the type of information that the ministers were taking into account in developing policy in relation to such a significant issue as independence.

Catherine Stihler Catherine Stihler described it as "a landmark judgement"

The Scottish government cited Section 18 when it refused to reveal whether the information was held. This can mean the information would be exempt from release or the authority considers its release would not be in the public interest.

The Labour Party said that in October 2011, Culture Secretary Fiona Hyslop wrote to Ms Stihler saying that "we consider that to reveal whether or not the information you have requested exists, or is held by the Scottish government, would be contrary to the public interest".

However, following Ms Agnew's ruling, ministers have until 21 August to reveal the information.

A spokesman for the Scottish government said it had been "surprised" by the commissioner's decision.

He added: "It is the longstanding and usual practice of the Scottish government to neither confirm or deny the existence or the content of legal advice.

"The approach we have taken on this issue is consistent with the UK government position in a similar case they dealt with under equivalent legislation. We therefore intend to appeal and contest the decision."

She added: "People have a right to know whether an independent Scotland would be part of the EU and on what terms, but the SNP want to keep it secret.

"By refusing to confirm or deny, Alex Salmond effectively took out a superinjunction against the people of Scotland.

"Now the Information Commissioner has ordered him to own up. She has ruled that approach is in breach of the law, which is a groundbreaking and welcome decision."

A Scottish government spokesman said: "We have received the decision and are considering its terms."