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Category Archives: Freedom of Information

CAPITAL SECRET: Crown Office block disclosure of financial costs in FIVE YEAR probe of collapsed £400m Heather Capital hedge fund linked to Scotland’s judiciary

Crown Office Hedge Fund probe secrecy. A FIVE YEAR investigation by the Crown Office & Procurator Fiscal Service (COPFS) into charges relating to a collapsed hedge fund – remains shrouded in secrecy after the case was axed, and with a recent decision to block disclosure of costs of the probe.

The collapse of the Isle of Man based Heather Capital Hedge Fund saw four persons charged after a three year long Police investigation –  in April 2013 – in connection with events relating to the broke £400million hedge fund.

Heather Capital launched in 2005 – attracting global investors, loaning money to fund property deals.

After the collapse of the hedge fund in 2010, Paul Duffy, the liquidator of Heather Capital – claimed that about £90 million was unaccounted for.

However, in February of this year, Lord Advocate James Wolffe QC quietly axed the lengthy five year investigation of the collapsed hedge fund and solicitors Gregory King & Andrew Sobolewski , accountant Andrew Millar and property expert Scott Carmichael.

In a response to a Freedom of Information request, the Crown Office has now refused to disclose any information in relation to the costs of the five year investigation into a collapsed hedge fund which saw four persons charged by Police Scotland in 2013.

The Crown Office were asked for information contained in the costs (figures) of the investigation by the Crown Office into charges against four persons in relation to the collapsed Hedge Fund Heather Capital.

When (date) the decision was taken to drop any action against the four persons charged in connection with above.

How many independent or other counsel & crown counsel served or worked on this investigation (and other COPFS staff, or others contracted in for this investigation (and their speciality role) – and their costs.

Information contained in any overseas travel (dates & destinations, costs of) in relation to this investigation.

Responding for the Crown Office, Christine Lazzarin claimed there was no costing available for the failed five year investigation, as the Crown Office intentionally does not monitor costs in investigations.

However, legal insiders have suggested costs around the five year investigation have run into millions of pounds,and that some felt the case was flawed from the outset due to ‘a lack of additional charges.

There are also claims a number of prosecutors & counsel became inactive, leaving the probe over the span of the five years.

Responding to the Freedom of Information request, Christine Lazzarin of the Crown Office ‘Information Unit’ wrote: In relation to your request I will firstly explain that the Crown Office and Procurator Fiscal Service (COPFS) does not routinely collate the total costs associated with investigating individual cases, and having made enquiries with our Finance Division I can advise that there are no COPFS costs recorded against the case reference allocated to this investigation.

By way of explanation there was no specific team created to investigate this case and all COPFS costs associated with the investigation will be addressed within the existing budgetary framework and not recorded separately. We do not therefore hold associated staffing costs in terms of Section 17 of FOISA. Additionally I can confirm that there was no overseas travel involved in this investigation.

The investigation was handled by staff within the COPFS Serious and Organised Crime Division (SOCD) in consultation with the COPFS International Co-operation Unit. The case was then reported to Crown Counsel to take a decision on whether to prosecute.

Following full and careful consideration of the facts and circumstances of the case, including the currently available admissible evidence, Crown Counsel instructed that there should be no proceedings at this time. The Crown however reserves the right to raise proceedings should further evidence become available.

It may be helpful if I outline the COPFS policy in relation to providing case related information in relation to a Freedom of Information request. Other than confirming that we do hold information, this information will not be provided to persons unconnected to a case under a Freedom of Information Act request. Information about a case will include sensitive personal data about the accused, victims and witnesses in terms of the Data Protection Act 1998, disclosure of which could constitute a breach of that legislation. Where disclosure of personal sensitive information would contravene the Data Protection Act, we are not required to disclose it under FOISA.

Having explained our general position you have asked for the date this decision was made and I can advise that I am unable to provide you with the information you have requested for the following reasons:-

The information is exempt in terms of section 34(1)(a) of FOISA because it is held by the Crown Office and Procurator Fiscal Service for the purposes of an investigation carried out by virtue of a duty to ascertain whether a person(s) should be prosecuted for an offence(s). This is not an absolute exemption and I have therefore considered whether the public interest favours disclosure of the information, notwithstanding the exemption. Although the public interest is not defined in FOISA it has been described as “something which is of serious concern or benefit to the public”. It has also been held that the public interest does not mean “of interest to the public” but “in the interest of the public”. The decision to take no proceedings at this time is already in the public domain but I do not consider that it is in the interests of the public to know the date the decision was made. Additionally as the Crown reserves the right to raise proceedings should further evidence become available in the future it would be inappropriate to release case related details over and above those already in the public domain.

I also consider that under section 38(1)(b) of FOISA, release of the information requested would contravene section 10 of the Data Protection Act 1998 as you are requesting details of a criminal case reported to COPFS against particular individuals. This is an absolute exemption and I am not required to consider the public interest test.

I hope you find this information helpful.

If you are dissatisfied with the way in which your request has been handled, you do have the right to ask us to review it. Your request should be made within 40 working days of receipt of this letter and we will reply within 20 working days of receipt. If you require a review of our decision to be carried out, please e-mail foi@copfs.gsi.gov.uk.

The review will be undertaken by staff not involved in the original decision making process.

If our decision is unchanged following a review and you remain dissatisfied with this, please note that although generally under section 47(1) of FOISA there is a right of appeal to the Scottish Information Commissioner, where the information requested is held by the Lord Advocate as head of the systems of criminal prosecution and investigation of deaths in Scotland, under section 48(c) no application can be made as respects a request for review made to the Lord Advocate. The information you have requested appears to fall into that category, although ultimately it would be for the Commissioner to decide whether that was the case should you refer the matter to him.

In circumstances where section 48(c) does not apply and the Commissioner accepts an appeal, should you subsequently wish to appeal against that decision, there is a right of appeal to the Court of Session on a point of law only.

While an investigation will be sought from the Scottish Information Commissioner’s office, previous attempts to have the SIC look at Crown Office blocking of Freedom of Information requests have fallen by the wayside – even when a request was made to investigate the Lord Advocate’s secrecy block on publication of the COPFS register of interests, more on which can be viewed here: DECLARE THE CROWN: Secrecy block on Crown Office Register of Interests – after fears info will reveal crooked staff, dodgy business dealings, prosecutors links to judiciary, criminals, drugs dealers and dodgy law firms

Although the Crown Office have refused to answer any questions on the status or costs associated with their five year investigation of the Heather Capital collapse, legal insiders have pointed to previous COPFS investigations and recent trials of financial frauds, where costs to the taxpayer have ran up to nearly ten million pounds.

One such case was the Mclaren property fraud case – which the Crown Office did everything in their power to avoid categorising as a “mortgage fraud” prosecution – after claims emerged the fraud duo once worked for, and had dealings with among others – a senior legal figure linked to one of the current top legal officers in the Crown Office.

In the McLaren case, Edwin McLaren, from Quarriers Village in Renfrewshire, was found guilty of property fraud totalling about £1.6m, convicted on 29 charges, and his wife Lorraine – on two charges.

The trial at the High Court in Glasgow began in September 2015 and heard evidence for 320 days.

Reports in the media quoted costs of around £7.5m, with more than £2.4m in legal aid paid for defence lawyers.

However, legal insiders claim the investigation by COPFS prior to the trial of the McLarens also ran into millions of pounds.

Similarly, with the complexity of the Heather Capital collapse – at £400million – the trail of money and international capital transfers – the costs of the Crown Office five year Heather Capital probe are likely to be at least equal to, or significantly higher than the investigation into the McLaren property fraud prior to that case going to trial.

HEATHER CAPITAL £28M CIVIL CLAIM ENDS:

Solicitor Peter Black Watson, formerly of Glasgow law firm Levy & Mcrae –  was linked to the collapsed hedge fund in a now abandoned £28million civil claim.

However, it has been previously reported part time Sheriff Peter Watson was suspended in February 2015 by Scotland’s top judge – Lord Brian Gill “to maintain public confidence in the judiciary”

A statement from the Judicial Office for Scotland issued after a newspaper asked for a comment, stated: Sheriff Peter Watson was suspended from the office of part-time sheriff on 16 February 2015, in terms of section 34 of the Judiciary and Courts (Scotland) Act 2008.

“On Friday 13 February the Judicial Office was made aware of the existence of a summons containing certain allegations against a number of individuals including part-time sheriff Peter Watson.

The Lord President’s Private Office immediately contacted Mr Watson and he offered not to sit as a part-time sheriff on a voluntary basis, pending the outcome of those proceedings.

Mr Watson e-mailed a copy of the summons to the Lord President’s Private Office on Saturday 14 February.

On Monday 16 February the Lord President considered the matter.

Having been shown the summons, the Lord President concluded that in the circumstances a voluntary de-rostering was not appropriate and that suspension was necessary in order to maintain public confidence in the judiciary.

Mr Watson was therefore duly suspended from office on Monday 16 February 2015.”

Peter Watson now has his own law business, PBW Law – also based in Glasgow.

Watson, and his former law firm named in the Heather Capital writ – Levy and Mcrae –  also currently represent the Scottish Police Federation – who in turn represent all Police Officers in Police Scotland.

Investigations by the media also show that suspended Sheriff Peter Watson represented, among others – Lord Advocate Elish Angiolini – during her term as Lord Advocate.

Watson’s other clients included Alex Salmond, Stephen Purcell, Yorkhill Hospital Board – which has now changed it’s name to Glasgow Children’s Hospital Charity – of which Watson is chair, of the board and Rangers Chiefs.

In Court documents published online by the Scottish Court Service, it is noteworthy that during the tenure of Lord Advocate Elish Angiolini – who was Lord Advocate from 12 October 2006 – 30 April 2011, significant transfers of capital from Peter Watson’s law firm – Levy & Mcrae – took place to Panamanian and Gibraltar registered companies.

Records from the Court of Session reported:

On 4 January 2007, HC transferred £19 million to its client account with Levy and Mcrae.

On 24 January 2007, HC transferred £9.412 million to its client account with Levy and Mcrae.

On 9 January 2007, Levy and Mcrae transferred £19 million to a Panamanian company (Niblick) owned and controlled by Mr Levene:the money was not therefore transferred to WBP.The transfer was undocumented and without security.

On 29 March 2007, Levy and Mcrae transferred £9.142 million to Hassans, solicitors, Gibraltar, under the reference “Rosecliff Limited” (a company controlled by Mr King):the money was not therefore transferred to WBP.The transfer was undocumented and without security.

A full report on the now abandoned £28million civil claim case against Peter Watson & Levy & Mcrae, and Lord Carloway’s consideration of Watson’s continuing suspension from the judicial bench can be found here: CAPITAL NUDGE: Scotland’s top judge Lord Carloway to consider status of de-benched Sheriff Peter Watson – suspended for a record THREE YEARS over £28million writ linked to collapsed £400m hedge fund Heather Capital

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TOP COP SECRETS: Transparency lacking at Police Scotland as spy scandal cops refuse to disclose files on complaints & historical sexual assault case details involving Deputy Chief Constable Iain Livingstone

Police Scotland refused to disclose secret files on top cop. SCOTLAND’S single national Police service – Police Scotland has refused to disclose details of secret files on a case involving allegations of sexual assault against the force’s most senior office – Deputy Chief Constable Iain Livingstone.

The force also refused to disclose any non-disclosure agreements which may have been part of any settlement of the case – which ultimately led to the female officer leaving her job,

And, the information has been categorised as so sensitive, Police Scotland refuse to confirm if the files even exist.

The move came in relation to Freedom of Information requests seeking details of information held by Police Scotland on accusations and allegations of sexual assault made by a female Police Officer against current DCC Iain Livingstone during his time in Lothian and Borders Police.

Also sought for disclosure was information contained in any discussions or misconduct hearings in relation to these allegations and information contained in any admissions by Iain Livingstone with regards to these allegations and, any information contained in any non-disclosure agreements, termination of employment, resignation or retirement of any persons or Police Officers making these allegations against Iain Livingstone.

However a statement from Police Scotland in response to the Freedom of Information request refused any form of disclosure or acknowledgement of the status of any files held by Scotland’s single national Police service – who said:

“Police Scotland endeavours to provide information whenever possible. However, under section 18(1) of the Act, a public authority may refuse a request where:

• if the information existed and was held by the authority, it would be exempt from release under any of Sections 28 to 35, 38, 39(1) or 41 of the Act; and

• the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, it is considered that to reveal whether the information you have requested exists, or is held by Police Scotland, would be both exempt from release under the Act and contrary to the public interest. There is a strong public interest in protecting individuals’ privacy, and personal information is exempt from release into the public domain under section 38 of the Act if it would be unfair, unlawful or otherwise breach the Data Protection Act.

For these reasons, Police Scotland must refuse your request under section 18(1) of the Act.

This notice should not be taken as conclusive evidence that the information you have requested exists or is held.”

Issues surrounding the allegations of sexual assault made by a female Police Officer against Iain Livingstone while he served at Lothian & Borders Police in 2003 resurfaced during recent scrutiny of Police Scotland over the past year.

Livingstone was however, cleared of the allegations by a hearing chaired by another senior Police officer – John McLean, Strathclyde assistant chief constable. The Police led hearing on allegations against Police Superintendent Livingstone established there had been no sexual impropriety or intent on Mr Livingstone’s part.

However, interest in the 2003 case and details surrounding it has resurfaced – after the single Police service – created by the Scottish Government in 2013 – was hit by several scandals including numerous suspensions of senior officers, allegations of Ministerial meddling with ultimately led to the ousting of Chief Constable Phil Gormley, and the ongoing probe into senior officers use of a surveillance unit within Police Scotland to illegally spy on journalists & cops.

At the time of the sexual assault allegations in 2003, Iain Livingstone, 37, was working as an aide to Scotland’s most senior police officer, Sir Roy Cameron, at Her Majesty’s Inspectorate of Constabulary, when he was suspended in February 2003 over the claims – which arose from a drunken party at the Scottish Police College at Tulliallan.

It was reported at the time that Iain Livingstone – previously a solicitor and member of the Law Society of Scotland – had been suspended for 17 months after the WPC claimed she had been sexually assaulted during the party.

Five allegations of serious sexual assault made by the female Police officer against Livingstone were dismissed – but, at an internal misconduct hearing, Mr Livingstone admitted less serious allegations, including being in the woman’s room overnight after falling asleep.

A qualified lawyer and member of the Law society of Scotland, Mr Livingstone switched careers in 1992, joining Lothian and Borders Police. In just 10 years, he reached the rank of superintendent.

Livingstone was ultimately demoted from superintendent to constable following the disciplinary hearing, although is now in the position of caretaker Chief Constable of Police Scotland, while the Scottish Government attempt to find another ‘suitable’ candidate to fill the Chief Constable post vacated by Phil Gormley.

However, recent interest in the case surfaced after it emerged DCC Iain Livingston was being promoted to fill the Chief Constable slot vacated by Gormley – who had effectively been ousted from his job after Justice Secretary Michael Matheson intervened in a decision taken by the Scottish Police Authority to allow Mr Gormley to return to work

And, it later emerged that during evidence given by Deputy Chief Constable Iain Livingstone to the Scottish Parliament’s Justice Committee, neither Livingstone or the Justice Sub Committee Convener John Finnie declared they knew each other, after papers revealed Mr Finnie had represented Mr Livingstone when he was cleared of the sexual misconduct claims in 2003.

In a further refusal to disclose information on the current top cop in Scotland, Police Scotland refused to reveal any information in relation to additional complaints made against Deputy Chief Constable Iain Livingstone.

And, again, Police Scotland refused even to confirm if such information was held – this despite information already available in the public arena including discussions on social media platforms relating to additional complaints made against DCC Livingstone by Police Officers.

A request for information relating to numbers of complaints, subject of complaints, and identities (not name, but by rank, status as Police Officer, civilian employee, member of the public or other) – who have made complaints (and the numbers of complaints) against current DCC Iain Livingstone from 1 April 2013 to the date of this FOI request and the status, and outcomes of these complaints – resulted in the following response from Police Scotland, with a refusal to disclose:

“Police Scotland endeavours to provide information whenever possible. However, under section 18(1) of the Act, a public authority may refuse a request where:

• if the information existed and was held by the authority, it would be exempt from release under any of Sections 28 to 35, 38, 39(1) or 41 of the Act; and

• the authority considers that to reveal whether the information exists, or is held by it, would be contrary to the public interest.

In this instance, it is considered that to reveal whether the information you have requested exists, or is held by Police Scotland, would be both exempt from release under the Act and contrary to the public interest. There is a strong public interest in protecting individuals’ privacy, and personal information is exempt from release into the public domain under section 38 of the Act if it would be unfair, unlawful or otherwise breach the Data Protection Act.

For these reasons, Police Scotland must refuse your request under section 18(1) of the Act.

This notice should not be taken as conclusive evidence that the information you have requested exists or is held.”

And, it emerged in February of this year that during evidence given by Deputy Chief Constable Iain Livingstone to the Scottish Parliament’s Justice Committee, neither Livingstone or the Justice Sub Committee Convener John Finnie declared any previous links to each other while Livingstone testified before MSPs.

A report in the Sunday Mail newspaper in February revealed Mr Finnie – previously a serving Police Officer and representative for the Scottish Police Federation (SPF) – had represented Mr Livingstone when he was cleared of the sexual misconduct claims in 2003.

The issue was reported by the Sunday Mail newspaper here:

Green MSP under fire after failing to reveal sex case link to top cop Iain Livingstone

John Finnie failed to tell MSPs he represented the acting chief constable when he was cleared of sexual misconduct.

By Mark Aitken 18 FEB 2018

John Finnie failed to tell MSPs he represented Iain Livingstone

A Green MSP is facing questions over his connection with Scotland’s acting chief constable.

Former police officer John Finnie failed to tell fellow MSPs he had represented Iain Livingstone when he was cleared of sexual misconduct.

He failed to declare the link at a meeting of Holyrood’s justice committee when Livingstone was being questioned.

Finnie spent 14 years as an official for the Scottish Police Federation (SPF) – the organisation who represent police officers up to the rank of chief inspector.

Livingstone, the frontrunner to replace Phil Gormley as Scotland’s chief constable, was acccused in 2004 of sexually assaulting a female police officer.

Livingstone admitted falling asleep in the woman’s room at the Scottish Police College in Tulliallan, Fife, after a drunken party in 2000.

Iain Livingstone was accused of sexually assaulting a female police officer in 2004

At an internal hearing, more serious allegations were dropped.

Livingstone, who was then a superintendent, was demoted to constable but won his job back on appeal. Livingstone’s appeal was backed by the SPF.

Finnie said at the time that the case had highlighted “the ease with which the system can be abused and the punitive consequences which affect not only the officer but their family”.

At Holyrood’s justice committee in January, Finnie quizzed Livingstone about staffing levels and said losing chief officers was one of the benefits of creating a single police force.

Scottish Labour justice spokesman Daniel Johnson said: “John is a valued colleague on the justice committee but I am alarmed that he did not see fit to declare this link with the acting chief constable.

“Police Scotland are in desperate need of scrutiny – and the public will expect such scrutiny to be conducted professionally.

“I would urge him to correct the record and to ensure he declares interests fully and promptly in future.”

A spokesman for the Scottish Conservatives added: “He also owes parliament an explanation as to why he neglected to mention this very important link.”

Finnie began his career with Lothian and Borders Police in 1976 and moved to Northern Constabulary three years later.

He served as a full-time officer with the SPF from 1992 to 2006.

Finnie was elected as an SNP MSP in 2011 but quit the party the following year in protest at the decision to end their long-standing opposition to Nato membership.

Finnie and the Greens failed to respond to the Sunday Mail’s calls.

It has since come to light there are a number of non disclosure agreements in force which relate to Police Officers and others connected to Policing in Scotland, a matter now being probed by the media for further reporting.

 

 

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PROBE THE FED: Calls for Holyrood to probe secretive Scottish Police Federation as files reveal SPF General Secretary asked Scottish Government to withdraw £374K public cash grant funding – after social media transparency calls from cops

Calls for MSPs to probe ‘secretive’ Scottish Police Federation CALLS are being made for an influential Scottish Parliament committee to probe the highly secretive Scottish Police Federation (SPF) – which has received substantial public cash grants from the Scottish Government cumulatively totalling millions of pounds over a period of years.

The call for an audit & scrutiny of the Scottish Police Federation – which represents rank & file Police Officers – comes as files obtained via Freedom of Information legislation – reveals the General Secretary of the SPF asked the Scottish Government in May 2017 to withdraw £374,000 of public cash funding to the cash rich Police Union.

Coincidentally, the request by Police Federation boss PC Calum Steele to the Scottish Government to drop the cash payments – came seven days after the Scottish Information Commissioner stated on their twitter social media account that the Scottish Police Federation would be added to their recommendations to the Scottish Government – for compliance with Freedom of Information legislation.

However, nine months on from the Calum Steele’s request to cancel the public funding arrangement, the Scottish Government has now admitted it is still considering public cash grant funding for the Scottish Police Federation – and has not actually agreed to cut the public cash – as requested by Steele..

While the Scottish Government have so far refused to release much of the discussions on the SPF’s public cash funding arrangements, a list of payments disclosed in papers reveal the sequence of grant funding payments for the year 2016-2017 – where a total of £368,778 public cash was paid in four payments of £92,197 during April, July, October 2016, and a further payment in January 2017.

Peter Jamieson of the Scottish Government’s Police Powers and Workforce group confirmed funding is still being considered, stating: “To note, that we are still considering the Scottish Police Federation grant funding for 2017/18.”

The Scottish Government have yet to respond to a request for further details on why they are still considering public cash for the Scottish Police Federation,

However, sources have indicated civil servants and Special Advisers (SPADS) have discussed the matter of ending the grant funding, where some expressed the view that the public cash grant funding gives the Scottish Government a ‘carrot and stick’ hold over the SPF – which regularly supports Government policy in any area.

More recently, the Scottish Police Federation has been accused of having a vested interest in the leadership crisis at Police Scotland – which saw extensive efforts to oust the now former Chief Constable Phil Gormley, and replace him with DCC Iain Livingstone.

However, while the Scottish Government delay a decision on how to slip more public cash to the Scottish Police Federation, a letter from the SPF’s General Secretary Calum Steele  to Tansy Main, the Head of Police Workforce Team – claims the Scottish Police Federation is no longer reliant on the public cash.

The letter from PC Calum Steele to the Scottish Government reads as follows:

I refer to the above and to our ongoing conversations on the subject.

As you are aware the history of the Scottish Police Federation Grant was simply to ensure that no single police force was left carrying the costs of the elected officials of the Scottish Police Federation (SPF). The Scottish Government (and its predecessor bodies) paid a grant to the SPF, which was in turn utilised to reimburse the relevant force for the costs of the elected officials. This was entirely appropriate.

Since the creation of the Police Service of Scotland the issue of which force pays the costs of the elected officials of the SPF is no longer relevant. The practical effect is therefore that the SPF receives the grant in quarterly instalments only to immediately pass them to the Scottish Police Authority (SPA) to meet the costs of the official’s salaries. This however creates an administrative burden for both the SPF and SPA that is completely unnecessary. It demands amongst other things that the account is audited, that accounting fees are paid and that a purely administrative set of accounts is created and published.

The grant also covered the costs of ancillary matters including (but not limited to) accoutrements, rates and rent for the SPF headquarters, the costs of the then annual conference, and the costs of the statutory meetings of the Joint Central Committee. You will be aware that the grant has reduced in value in recent years and as the accounts show, whilst continuing to cover the cost of officials, it no longer comes close to covering the costs of the items it was originally intended to.

Whilst the grant accounts shows a paper loss, the SPF considers that beyond costs of officials, we are no longer reliant on the additional grant monies to pay for these elements.

The SPF considers therefore that continued payment of a grant to the SPF makes little sense and formally request the termination of SPF grant facilities, with the monies being paid directly to the SPA, as part of the global policing settlement (or otherwise as Government sees fit).

Self-evidently the SPF would expect that in doing so this would result in the termination of the expectation that the SPF continues to reimburse the SPA for the cost associated with officials, without detriment to the provisions of the Police Federation (Scotland) Regulations, insofar as they relate to the payment of pay and pension for officials of the SPF in particular.

The SPF would also ask that the surplus elements be considered to cover any notional future costs the SPF might be expected to incur as a consequence of the Trade Union Bill.

Any scrutiny of the Scottish Police Federation’s use of public funds, and their position as a body created by legislation, is liable to be carried out by the highly effective Public Audit and Post Legislative Scrutiny Committee (PAPLS) – which took on the Scottish Police Authority (SPA) in spectacular style, providing ground breaking scrutiny of a dysfunction, secretive authority dubbed a “secret society” by MSP Alex Neil (SNP).

Among the additional FOI documents disclosed by the Scottish Government include some, but not all minutes of meetings & discussions around the grant funding for the Scottish Police Federation, and as has been consistent with recent Scottish Government releases, documents are subject to significant redactions.

However, while the letter from the SPF General Secretary to the Scottish Government reveals scant detail of SPF finances, former and currently serving Police Officers have posted their concerns on social media with regards to figures of up to ten million pounds held by the Scottish Police Federation in bank accounts & assets.

Social media postings by current and former Police Officers also refer to trips undertaken by SPF representatives including Callum Steele and suspended Sheriff Peter Watson – to various gatherings funded by the Scottish Police Federation.

Meanwhile, as current & former Police Officers & journalists asking questions of the SPF are either blocked online, or subject to social media attacks by supporters of the Scottish Police Federation and politically friendly elements – some of whom give after dinner speeches or lobby for public cash for their ventures, the Scottish Information Commissioner appears to have reneged on their enthusiasm for recommending FOI compliance for the SPF.

An earlier statement from the Scottish Information Commissioner claimed the SIC would add the SPF to their list of organisations which should be covered by Freedom of Information legislation.

The statement came in response to a request made on behalf of serving & former Police Officers – who queried why the Scottish Police Federation remained except from Freedom of Information legislation in Scotland, while their English counterpart was brought within FOI laws in England & Wales some years ago.

A twitter post from Scottish Law Reporter on 17 May 2017 pointed out  “as @PFEW_HQ is #FOI compliant in England, @ScotsPolFed should comply with #FOIScotland suggest you call for this improvement”

A tweet dated 18 May 2017 from @FOIScotland in response stated “Thanks – we’ll add it to our list of bodies to propose to Ministers. Individuals can also make their own representations to the Scot Gov”

The Police Federation of England and Wales (PFEW) is funded in part by police officers who pay subscriptions from their wages.

Differing from it’s Scottish counterpart – the Scottish Police Federation – which has cumulatively received millions of pounds in public cash over the years, the PFEW is not a public body and not funded by the public and is the only staff association to be subject to Freedom of Information (FoI) – which came into effect for the PFEW in April 2017 by way of the following legislation:

Freedom of Information Act etc: Police Federation for England and Wales: The Police Federation for England and Wales is to be treated for the purposes of— (a)10the Freedom of Information Act 2000,(b)the Data Protection Act 1998, and (c)section 18 of the Inquiries Act 2005, as if it were a body listed in Part 5 of Schedule 1 to the 2000 Act (public authorities).

However, nine months later in Scotland, after the Scottish Information Commissioner had said it would act on the matter, no action has been taken by the Scottish Information Commissioner to include the Scottish Police Federation in their recommendations of FOI compliance to Ministers.

Queried over the lack of action on the subject, a response from the SIC claimed the Scottish Information Commissioner could not divert financial resources to make any necessary representation to the Scottish Government.

A journalist who viewed the SIC’s claim of being under resourced –  branded their response as “a delaying tactic”.

Scottish Information Commissioner’s role in FOI transparency.

A query to the Scottish Information Commissioner of 30 May 2017 on the subject of recommending Freedom of Information compliance be applied to the Scottish Police Federation generated the following response from the SIC:

The power to designate bodies as Scottish public authorities under sections 4 or 5 of FOISA lies with Ministers. Section 43(4) of FOISA provides that the Commissioner can, from time to time, make proposals to the Ministers “for the exercise by them of their functions” under those provisions. Of course anyone can make such proposals to Ministers and we know that people do so.

It’s important that proposals to Ministers are framed in terms of considerations for designations of each body. The Commissioner’s Special Report in 2015 FOI 10 years on: Are the right organisations covered? (copy attached) suggests the sorts of considerations Ministers might apply to deciding whether or not to designate bodies under section 5 (the more complex of the two designation provisions).

We’ve made a number of proposals to Ministers over the years about bodies they might consider for designation. Most of those proposals have concerned section 5 – see consultation responses at http://www.itspublicknowledge.info/home/SICReports/OtherReports/otherReports.aspx

We’ve made few proposals to Ministers for consideration of designation of bodies under section 4. This is because there is rarely a need to do so. Scottish Government Bill Teams routinely ensure that primary legislation founding new bodies includes a modification of Schedule 1 of FOISA to ensure they are included as bodies under jurisdiction.

The most recent example I can recall of a section 4 proposal from the Commissioner is one in 2010 for consideration of the Court Rules Councils. I’ve attached a copy of the submission which sets out the sorts of considerations that Ministers might consider. These bodies were subsequently designated by Ministers.

The reference in our tweet is to a working list we maintain of bodies that the Commissioner might propose to Ministers. We revisit that list annually, at the latest, in the final quarter of each operational year (January – March). We research the possible considerations that might apply to designation of those bodies. If we conclude there is a persuasive case for a proposal, the Commissioner will make a proposal to that effect to the Ministers. Currently our list includes the following bodies:

Adult Protection Committee, Leisure trusts, etc, which were established other than by one or more local authorities, Learning Network West, Police Federation of Scotland

In terms of your request for comment on “non compliance of SPF in Scotland”, I hope you will appreciate that there is nothing we can offer until we have researched any designation considerations for that body. We’re grateful to you for bringing to our attention what appears to be an anomaly arising from the designation of a similar English and Welsh body under UK FOI law, but we have not yet looked into the background. Our research in this case will include looking at the reasons for the UK FOI designation and comparing issues such as legal status, function and control.

A further enquiry of September 2017 to the Scottish Information Commissioner on the subject of the Police Federation’s FOI compliance was then treated as an FOI request by the SIC, who responded, claiming they could not divert resources away from other work.

Shockingly, the Scottish Information Commissioner requested journalists make a submission to the Scottish Government instead of a fully researched submission by the Information Commissioner with all the weight such a report would carry in government & parliamentary circles.

The Information Commissioner’s response reads as follows, and accompanying documents released with the response can be found here:

Thank you for your enquiry on 29 September 2017 in which you asked for an update to the SIC’s position with regard to research or a recommendation for the inclusion of the Scottish Police Federation in FOISA. I have treated your enquiry as a request for information that we hold, because you are seeking information about the progress we have made since your media enquiry of 30 May 2017 about the FOI status of the Scottish Police Federation (our reference 201700982).

I also attach copies of my correspondence with Andrew Gunn of the FOI Unit in the Scottish Government (described in the attached schedule). I have redacted both Andrew’s, and Sinead Campbell’s email addresses as these may be personal information to which section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 applies. This should not affect the readability of the information and it is not information you asked to see.

I expect you will also want to know when we expect to carry out our research. When I wrote to you in May this year, I explained that our usual timetable for looking at potential recommendations for designation is the final quarter of the operational year (January to March 2018). This work is set out in our operational plan http://www.itspublicknowledge.info/home/AboutSIC/StrategicPlan.aspx. The relevant reference can be found on p10, line item 4.

Though I appreciate you are keen for us to research the status of the Police Federation of Scotland, regrettably there has been no opportunity to divert resources to the work ahead of our schedule. You do not, of course, have to wait for us to reach our conclusions; anyone can make a designation proposal to Ministers. Making your own proposal would ensure your own arguments for designation of the Police Federation of Scotland were taken into consideration.

To-date, the Scottish Information Commissioner has not made any submission to the Scottish Government on recommending the Scottish Police Federation be brought within Freedom of Information legislation – as is the case with the Police Federation of England & Wales.

And while this exemption continues, serving and former Police Officers who are still members of the SPF are effectively blacklisted or blocked on social media when they try to obtain answers to the lack of support they received from the SPF when help was needed.

Currently it is known the Scottish Police Federation are represented by law firms such as Levy and Mcrae, and Peter Black Watson of PBW Law.

During 2015, Levy and Mcrae, and their former partner Peter Black Watson were named in a multi million pound civil claim in the Court of Session.

Peter Watson – who is a member of Scotland’s judiciary, was suspended “to protect public confidence in the judiciary” by the then Lord President Lord Brian Gill.

How Scottish Police Federation spend their members money:

The Scottish Police Federation recently faced criticism for an office revamp that included the restoration of marble fireplaces and new French and Italian furnishings.

The headquarters upgrade was completed in 2015 and is said to have cost £1m, although that figure is disputed by the federation.

Concerns have been raised because the SPF receives taxpayers’ money in the form of a Scottish government grant worth £374,400.

The federation claimed “not a single penny” of taxpayer money was spent on the project at the HQ, which is in a listed building in Glasgow.

The head of Scotland’s police union was also embroiled in a spending row after splashing out £5,000 to attend a charity dinner headlined by former US president Barack Obama.

The Scottish Police Federation  paid the money to secure a table at the prestigious event hosted by Sir Tom Hunter in Edinburgh last month.

The disclosure has caused upset amid claims the dinner was a “jolly” for top brass based at the union’s Glasgow headquarters in Woodside Place.

Police Federation spending in England resulted in fraud investigation:

An alleged £1m fraud at the Police Federation in England has been referred to prosecutors.

Lawyers at the Crown Prosecution Service are currently considering if criminal charges should be brought against Will Riches, the former vice-chair of the federation and a serving Metropolitan police officer.

The investigation began in March 2016 and it is alleged £1m in Police Federation funds was transferred to an organisation called the Peelers Charitable Foundation.

The Police Federation has been riven by internal divisions and was under government pressure to reform, after a series of controversies about how it spends and manages the money it raises.

It represents 123,000 rank and file police officers in England and Wales, and in 2014 Riches ran to be its chair. He got the same number of votes as his rival, but lost the job on a coin toss to Steven White, the current chair.

The Police Federation in England & Wales has previously faced allegations of bullying and secret multimillion-pound bank accounts.

 

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END OF CLAIMS: Rogue lawyer who claimed £600K in two years abandons £100K case against Scottish Legal Aid Board – over release of damning report revealing ‘unnecessary, deliberate and excessive’ legal aid claims

Lawyer abandons claim against legal aid board for £100K. AN INVESTIGATION has revealed a rogue lawyer – previously accused of making “unnecessary and excessive” claims for more than £600K Legal Aid in two years – attempted to sue the Scottish Legal Aid Board (SLAB) for £100,000 over release of a report detailing legal aid claims.

The three year court case – registered in the courts by Kilmarnock based solicitor Niels S Lockhart during December 2013 – finally came to an end in 2016 – with legal aid chiefs absolved of any blame for the release of a damning report which raised serious concerns over Lockhart’s multiple claims for legal aid public cash.

The size of the legal aid claims put Lockhart’s one man law firm higher up the scale of legal aid payments than many law firms with multiple partners, and advocates.

Last week, Legal Aid Chiefs finally admitted in a Freedom of Information disclosure to journalists“the case A665/13 Niels Lockhart v The Scottish Legal Aid Board was a court action raised by Mr Lockhart at the Court of Session in which he sought payment of damages of £100,000 from SLAB. The court action has since been concluded.”

The response to the journalist continued: “You will recall that in early 2010 you submitted an FOI request to us, and that on 16 March 2010 we responded to your request by forwarding to you a report in relation to Mr Lockhart. This release of information to you was alleged by Mr Lockhart to be a breach of confidentiality by SLAB. SLAB defended the action.”

SLAB was represented in the action by in-house solicitors, and instructed counsel, John MacGregor, advocate.

The costs incurred by SLAB were: Counsels fees £2,100.00; Court dues £202.00; Printing cost of court documents; £92.07 Total; £2,394.07

The statement in the FOI response issued by SLAB concluded: “The court action was terminated in 2016 by agreement. Decree of absolvitor was granted in favour of SLAB together with an order of expenses in favour of SLAB in the sum of £1,750. No monies were found payable, or paid, to Mr Lockhart by SLAB.”

However, similar enquiries to the Scottish Courts and Tribunals Service (SCTS) – revealed court staff had been ordered to refuse to disclose details relating to Lockhart’s attempt to sue the Scottish Legal Aid Board.

A spokesperson for the SCTS initially said: “I’m told that typically we can’t reveal very much as you were not a party to the action. I’m told that we can say that the case concluded on 28 June 2016 and that it was a Joint minute and the defender was absolved.”

When pressed for further details, the spokesperson added: “I am afraid I cannot say what the case was about or about any amounts of money. I can say that the case was registered on 19/12/13, it was called on 24/1/14,  it did not call in court, it was sisted until early 2016 then concluded on 28 June 2016.”

Kilmarnock based solicitor Niels S Lockhart was subject of a lengthy investigation by the Scottish Legal Aid Board from 2005 to late 2010 over vastly inflated claims for Civil Advice & Assistance Legal Aid.

Legal Aid chiefs then send their report to the Law Society of Scotland, who carried out an investigation into Lockhart and the detailed SLAB report.

However, sources at the Legal Aid Board revealed a string of delays during the Law Society investigation, including a series of ‘complaints reporters’ who were tasked to study the SLAB report and recommend what action if any should be taken against Lockhart.

After several Law Society investigators had either refused to look at Lockhart’s legal aid claims, or finalise a report, a version was sent to the Scottish Legal Aid Board – which legal aid chiefs claimed they could not release because they had no permission from the Law Society of Scotland.

A timeline of events established that on 5 June 2005 the Scottish Legal Aid Board sent a report to the Law Society of Scotland in terms of S32 of the Legal Aid (Scotland) Act 1986 against the sole practitioner firm of Niels S Lockhart, 71 King Street, Kilmarnock. The secret report, obtained under Freedom of Information laws, can be downloaded here: SCOTTISH LEGAL AID BOARD S31 COMPLAINT REPORT TO THE LAW SOCIETY OF SCOTLAND : NIELS S LOCKHART(pdf)

The Legal Aid Board report outlined a number of issues that had been identified during the review of case files & accounts which raised concern about Mr Lockhart’s conduct and which fell to be considered as a breach of either Regulation 31 (3) (a) & (b), relating to his conduct when acting or selected to act for persons to whom legal aid or advice and assistance is made available, and his professional conduct generally. These issues illustrated the repetitious nature of Mr Lockhart’s failure to charge fees “actually, necessarily and reasonable incurred, due regard being bad to economy”

The heads of complaint submitted by the Scottish Legal Aid Board to the Law Society of Scotland were : (1) Excessive attendances, (2) Lack of Progress, (3) Splitting/Repeating Subject Matters, (4) Inappropriate Requests for Increases in Authorised Expenditure, (5) Matters resubmitted under a different guise, (6) Standard Attendance Times, (7) Attendances for Matters Not Related to the Subject Matter of the Case, (8) Unreasonable Charges, (9) Double Charging for Correspondence, (10) Account entries not supported by Client Files, (11) Attempt to Circumvent Statutory Payment Procedure for Property Recovered or Preserved, (12) Continued Failure to act with Due Regard to Economy.

The report by the Scottish Legal Aid Board revealed that, of all firms in Scotland, the sole practitioner firm of NS Lockhart, 71 King Street, Kilmarnock, granted the highest number of advice and assistance applications for “interdict” (392) for the period January-October 2004.The next ranked firm granted 146, while the next ranked Kilmarnock firm granted only 30.

The report stated : “While conducting a selective analysis of Niels S Lockhart’s Advice and Assistance accounts, it was clear from the outset that much of his business comes from “repeat clients” and/or members of the same household/family, whom he has frequently admitted to Advice and Assistance. The analysis revealed persistent patterns of excessive client attendances, the vast majority of which are irrelevant, unnecessary and conducted without due regard to economy.”

“It was also clear that Niels S Lockhart makes grants for a number of interlinked matters, where there is clearly a “cross-over” of advice. Consecutive grants are also often made as a continuation of the same matter shortly after authorised expenditure has expired on the previous grant.”

“This appears to the Board to be a deliberate scheme by Niels S. Lockhart to make consecutive grants of Advice and Assistance on behalf of the same client for the same matter, for personal gain. By so doing, he has succeeded in obtaining additional funds by utilising new initial levels of authorised expenditure for matters where, had further requests for increases in authorised expenditure under the initial grant been made to the Board, they would with every likelihood have been refused by Board staff.”

“Closer scrutiny of Niels S Lockhart’s accounts and some client files has given rise to a number of other serious concerns, e.g. numerous meetings, standard of file notes, encouraging clients to advance matters while demonstrating a lack of progress.”

“After a meeting between SLAB officials & Mr Lockhart on 14 April 2005, Mr Lockhart was advised that SLAB’s Executive Team had approved of his firm’s accounts being removed from the guarantee of 30-day turnaround for payment of accounts, and that henceforth, to allow the Board the opportunity to satisfy itself that all fees and outlays had been properly incurred and charged by the firm, he would be required to submit additional supporting documentation and information with his accounts (including client files).”

The report continued : “Over the next few months, Mr Lockhart telephoned Accounts staff many times, often on a daily basis, repeatedly asking questions about the type of charge they considered acceptable or unacceptable in a variety of situations. Staff reported that, despite their having given Mr Lockhart the same answers time and again (both via correspondence and over the telephone),he continued to submit accounts with unacceptable charges. In a final effort to counter these continuing problems and to emphasis the Board’s stance in relation to the various issues of concern, our Accounts Department sent him a letter on 23 December 2005.”

“Mr Lockhart did not provide a written response to this correspondence. He did however contact Mr McCann of the Legal Defence Union, who wrote to the Board seeking a meeting with Board officials to try to resolve the payments issue. Our view however was that this would not advance matters as Mr Lockhart had been given a clear steer both after the April 2005 meeting and in the December when Accounts wrote to him on a number of matters.”

However, a key error was made by the Legal Aid Board, who stunningly failed to interview any of Mr Lockhart’s clients despite SLAB’s claims of excessive legal aid claims.

The SLAB report revealed : “Board staff have not interviewed any of Mr Lockhart’s clients as we have no reason to believe that, for example, the multitude of meetings that he held with them—sometimes more than twice daily—did not take place; our concern is that they DID take place and he has sought to claim payment for these multitudinous meetings,very few of which could be described as necessary and reasonable. We believe that such work had no regard to the principle of economy: our contention is that it is highly unlikely that any private paying client would be willing to meet the cost of the service provided by Mr Lockhart. That aside, there are cases set out in the report where it is difficult to see what advice or assistance has actually been provided. Our Accounts staff are continuing to assess a number of his accounts and examining the corresponding client files which indicate repetition of the issues that gave rise to our initial concerns.”

The report’s findings concluded : “From April 2002—March 2005, Niels S Lockhart was paid £672,585 from the Legal Aid Fund. Of this, £596,734 (89%) was in relation to Advice and Assistance cases, with £570,528 (85%) solely in relation to Civil Advice and Assistance.”

“In the Board’s view, the ranges of actions taken by Niels S. Lockhart towards achieving those payments are not those appropriate to a competent and reputable solicitor.”

“Based on the supporting evidence he arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings. In the main, these do not appear to have advantages for their further welfare or advance their case, but merely act as a mechanism for the firm to exploit the Legal Aid Fund by charging for these unnecessary and unproductive meetings.”

“The nature of subject matters is often repeated, resulting in numerous duplicate/multiple/consecutive grants submitted under various guises, thus avoiding the Board’s computerised checks on subject matter. This pattern of conduct is deliberate,recurring and persistent, serving—in the Board’s view—as a device to generate considerable additional income for the firm to the detriment of the Scottish Legal Aid Fund.”

Further documents released by the Scottish Legal Aid Board during 2015 – Extra Payments to Niels Lockhart – in response to a Freedom of Information request revealed Niels S Lockhart was paid a further £34,711 (excl VAT) of taxpayer funded legal aid by the Legal Aid Board – even though by that time he was already barred from claiming for any further legal aid work.

Historical payment accounts published by the Scottish Legal Aid Board also reveal Lockhart received a whopping £1.2million (£1,213,700) of public cash since the Legal Aid Board began publishing the names of firms and the size of payments from 2003 onwards.

From 2003 to 2013, Neils Lockhart claimed the following amounts of publicly funded legal aid: £280,200 in 2003-2004, £321,400 in 2004-2005, £95,400 in 2005-2006, £160,800 in 2006-2007, £133,300 in 2007-2008, £82,000 in 2008-2009, £65,800 in 2009-2010, £67,400 in 2010-2011, £7,200 in 2011-2012, £200 in 2012-2013

The Sunday Mail newspaper reported on the details of the now revealed court case:

Lawyer who made ‘eye-watering legal aid claims’ sued for £100,000 in compensation from taxpayer

Niels Lockhart said the Scottish Legal Aid Board (SLAB) had hurt his reputation amid the release of a damning report.

By Russell Findlay 26 November 2017 Sunday Mail

A rogue lawyer demanded £100,000 of taxpayers’ cash after legal aid chiefs revealed his history of inflated claims.

Niels Lockhart, 66, said the Scottish Legal Aid Board (SLAB) damaged his reputation by releasing a damning report which laid bare “unnecessary and excessive” payments.

He accused them of breaching his confidentiality and sued them for £100,000 – but has now dropped the claim.

The Sunday Mail obtained the report in 2011. We told how Lockhart claimed more than £600,000 of legal aid in two years and was accused of deliberately ramping up expenses.

The SLAB report stated: “He arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings.”

They said the meetings merely acted as a mechanism for the firm to exploit the legal aid fund.

Legal reform campaigner Peter Cherbi, who unearthed the SLAB report through freedom of information laws, said: “Lockhart’s history of eye-watering legal aid claims was rightly subjected to public scrutiny yet he seems to see himself as the victim.”

SLAB said: “We were right to make public our complaint report to the Law Society of Scotland which set out our concerns about Mr Lockhart’s legal aid work.

“We successfully defended that decision in the court action raised against us by Mr Lockhart in which he sought payment of damages of £100,000 from SLAB. Mr Lockhart agreed to withdraw his action and pay us expenses of £1750.”

Lockhart said the decision to sue was taken after advice given by counsel who took the case on a no-win, no-fee basis.

He added: “The sum sued for was later altered to £30,000. There was thereafter a change in legal team who were not so optimistic.”

Lockhart claimed none of the SLAB allegations were proved to be correct and that they previously said no public funds had been compromised.

The original Sunday Mail report on Niels Lockhart in 2011 – reporting on the damning investigation of Lockhart’s legal aid claims

Solicitor made “unnecessary and excessive” claims for legal aid and raked in over £600,000 of public money

EXCLUSIVE: Mar 27 2011 Russell Findlay, Sunday Mail

This lawyer pocketed £600,000 Legal Aid in two years. His claims were ‘excessive, unnecessary, inappropriate, deliberate and persistent’ but it’s all OK because watchdogs say it was never.. CRIMINAL

LEGAL AID watchdogs have accused a solicitor who took £600,000 of taxpayers’ money in two years of deliberately ramping up his claims.

Niels Lockhart, 60, who runs a one-man firm in Kilmarnock, raked in £280,200 in 2004 then £321,400 the following year.

After he ignored a warning to curb his claims, the Scottish Legal Aid Board investigated before a probe team concluded that his applications were a systematic attempt to create extra fees.

But despite deciding that he routinely made “unnecessary and excessive” claims, SLAB did not call in police. They referred Lockhart to the Law Society who also decided no fraud had taken place.

The secret SLAB dossier, obtained through freedom of information laws, said: “Lockhart routinely makes consecutive grants of advice and assistance to the same clients for what appear to be similar matters submitted under a different guise.

In the board’s view, the ranges of actions taken by Lockhart towards achieving those payments are not those appropriate to a competent and reputable solicitor.

“He arranges for, or permits, his clients to attend his office on numerous occasions for excessive, unnecessary and often irrelevant meetings.

“In the main, these do not appear to have advantages for their further welfare or advance their case but merely act as a mechanism for the firm to exploit the Legal Aid fund by charging for these unnecessary and unproductive meetings.”

The audit discovered Lockhart’s firm was granted 392 “advice and assistance” applications for clients considering civil legal actions over 10 months in 2004 – more than double the number granted to the firm making the second highest number of similar applications.

The report stated: “The analysis revealed persistent patterns of excessive client attendances, the vast majority of which are irrelevant, unnecessary and conducted without due regard to economy.

“This appears to the board to be a deliberate scheme by Lockhart to make consecutive grants of advice and assistance on behalf of the same client for the same matter for personal gain.”

Slab officials warned Lockhart about his claims in April 2005 but he “continued to show contempt for the board’s serious concerns regarding his practices that were discussed at that meeting”.

That prompted SLAB to send their damning 13-page report to legal regulator the Law Society of Scotland in June 2006. Yet the Law Society did not report SLAB’s concerns to police or refer him to the Scottish Solicitors’ Discipline Tribunal. It took them another four years to even agree Lockhart should be banned from legal aid.

Last October, Lockhart’s lawyer James McCann struck a deal with SLAB which allowed Lockhart to agree to quit legal aid voluntarily. He continues to do other legal work.

A slab spokesman said: “The matter was not one of fraud and, therefore, not a criminal matter. A Law Society spokeswoman said: “Our powers in this situation relate to considering the solicitor’s conduct. It is not for the society to determine whether there has been fraud.”

Married dad-of-two Lockhart, from Ayr, said: “There was no suggestion of any dishonesty. I voluntarily removed myself. I was going to withdraw anyway. Where did you get this report?”

Diary of Injustice continued to report on allegations surrounding Mr Lockhart and the Law Society of Scotland’s efforts to avoid a prosecution. All previous reports can be viewed HERE.

If you suspect a solicitor is committing legal aid fraud, or if you feel your own solicitor is making fraudulent legal aid claims, email Diary of Injustice at scottishlawreporters@gmail.com

 

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EDINBURGH LAW: Law firms who targeted residents over property repairs scandal among list of lawyers paid £15m public cash by Edinburgh Council in 3 years – as Council fights disclosure of extra payments to ex Lord Advocate Elish Angiolini

Edinburgh Council paid lawyers over £15m in 3 years. THE CITY of Edinburgh Council has been forced to reveal a list of law firms and advocates involved in a staggering Council public cash spend of £15 million on lawyers – in only three years.

However, the Council only revealed the list – after initially refusing a request to disclose the identities of lawyers receiving millions in public cash for work which in some cases  insiders allege is being used to keep law firms afloat in ‘difficult times’.

Among the list now disclosed via Freedom of Information legislation are law firms used by Edinburgh Council – who allegedly harassed & intimidated city residents for recovery of fees for dodgy construction work carried out on orders of the Council while staff from the Property Conservation Department took bribes from contractors & construction firms.

Edinburgh City Council was flooded with nearly 1,000 complaints about statutory repairs worth £30bn – yet despite a report saying lessons had been learned, law firms have continued to target residents over dodgy work orders.

The scandal prompted a Police Scotland fraud probe amid claims of bribery and billing for work not done. It was also discovered gifts & hospitality for staff in departments of the council was widespread.

However, Edinburgh Council has bitterly fought any moves to release exact figures for payments to individual law firms, and is now fighting a further Freedom of Information probe on legal fees and other expenses paid to a former Lord Advocate – Elish Angiolini – who was accused of undermining the judiciary by former Lord President Lord Hamilton.

The figures for Edinburgh Council’s spend on lawyers from 2014 to 2017, obtained via Freedom of Information legislation – reveal the Councils’ staggering £5 million a year spend on in-house, external lawyers and Advocates.

From January 2014 to  31 May 2017, the figure revealed by Edinburgh Council  details some £15,265,175 spent on lawyers.

During the five months from 1 January to 31 May 2014, Edinburgh Council spending on lawyers alone was £1,016,252

The totals for each year since reveal: 2014-2015: £4,812,170, from 2015-2016: £4,104,736, from 2016-2017: £4,649,121 and in only two months from 1.4.17 to 31.5.17 a further £682,896.

In the same period Edinburgh Council also paid the sum of £229,107 to the Scottish Courts and Tribunals Service (SCTS).

Initially, Edinburgh Council attempted to argue that the commercial interests of the Council, the solicitors, advocates and QC listed in the disclosure would be harmed by the disclosure of the withheld information.

However the identities of law firms involved in the payments, but not the exact payments to the actual law firms themselves were eventually disclosed.

The full list of law firms on the payroll of Edinburgh Council includes law firms which have also been subject to PoliceScotland investigations, firms subject to multiple complaints by clients accusing partners of fraud and dishonesty, and a law firm where a stolen £38m Leonardo da vinci painting was ‘found’ in a safe during a Police raid:

Law Firms and Solicitors:

Adams Whyte Solicitors, Aikman Russell Dunlop WS, Aitkens The Family Law Solicitors, Allan McDougall & Co SSC, Allingham & Co (Solicitors) Ltd , Anderson Strathern LLP, Arbuthnott McClanachan, Ashurst LLP, Balfour & Manson, BCKM Solicitors, Berwin Leighton Paisner LLP, Beveridge & Kellas SSC, Brechin Tindal Oatts, Brodies LLP, Burness Paull LLP, Campbell Smith WS, Clan Childlaw, Clyde & Co (Scotland) LLP, CMS Cameron McKenna LLP, Community Law Advice Network, Crown Office & Procurator Fiscal Service LINETS, Digby Brown Solicitors, Drummond Miller LLP, Duncan and Wallace SSC, Dundas & Wilson CS LLP, Edinburgh Law Seminars Limited, Edinburgh Law Solicitors and Notaries, Ennova Law, Eskhill and Company, F M McConnell SsC, Frances McChlery Consulting, Fraser Shepherd, FT & DC Wallace, Garden Stirling Burnet, Gibson Kerr Law and Property, Harper MacLeod LLP, Hay Cassels, HBJ Gateley Wareing Scotland LLP, Hughes Walker Solicitors, Iain Smith & Partners, Innes & Mackay Limited, J K Cameron, Jones Whyte, K W Law, Ledingham Chalmers LLP, Legal Services Agency Ltd, Lindsays W S Solicitor,s MacLay Murray & Spens Solicitors, LLP MacRoberts LLP, McCartney Stewart Limited, McKenzies Solicitors, McMillan Williams Solicitors, McNeill & Cadzow, Millar & Bryce Ltd, Morisons Solicitors, Morton Fraser Solicitors, Odonnells Solicitors Limited, Pinsent Masons LLP, Quinn Garland Associates Ltd, R.A Low & Company, RSC Solicitors, Scottish Child Law Centre, Scottish Public Services Ombudsman, Scutt Beaumont Solicitors Ltd, Sheehan Kelsey Oswald, Shepherd & Wedderburn LLP, Simpson & Marwick WS, Sinclair Court Solicitors, Somerville & Russell , T C Young, Thorley Stephenson SSC, Thorntons WS Solicitors, Tods Murray LLP in Administration, Trinity Chambers, Warners Solicitors LLP, William Hodge Shorthand Writers Ltd, Wilson Terris & Co SSC,

Advocates and QC’s:

Rt Hon Dame Elish Angiolini DBE QC, Ruth Innes, David Jack, Morag Jack.

The Scottish Information Commissioner has now been approached to investigate the case and seek disclosure of the amounts of secret legal fees paid to former Lord Advocate Elish Angiolini – after Edinburgh Council claimed the payments of substantial sums of public cash amounted to ‘personal data’.

A separate approach to the SIC is to be made over exact payments to law firms, given the sheer size of payments of public cash – which some legal insiders contend are an indication of law firms generating work for themselves to keep them afloat.

Do you have an experience with Edinburgh Council and any of the law firms listed in the Freedom of Information disclosure? If so, DOI would like to hear from you by contacting us at scottishlawreporters@gmailcom

 

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CRIME ON,CROWN: Historical Abuse probe dropped as Crown Office forced to pay £10K to law firm Clyde & Co – after judge suspends Police search warrant to obtain evidence relating to accusations against ‘influential’ clients

Crown Office paid £10K to law firm subject of Police raid. SCOTLAND’S Crown Office & Procurator Fiscal Service (COPFS) has been forced to pay £10K public cash in legal and ‘other fees’ to a law firm representing a ‘important client’ in relation to a botched search blocked by a judge.

The payment of £10,021.38 to Edinburgh law firm Clyde & Co (formerly Simpson & Marwick) was revealed by prosecutors in response to a Freedom of Information request amid ongoing media enquiries which have now established any possible criminal prosecution in connection with the allegations of abuse is “dead in the water”.

The events surrounding the search warrant occurred last summer, in which Police Officers obtained a search warrant to raid the premises of Edinburgh law firm Clyde & Co, in relation to material officers believed the firm held relating to evidence of historical sexual abuse of minors.

A search warrant issued by a Sheriff upon an application from the Crown Office to raid the law firm, resulting in two police officers attending the offices of Clyde & Co at 58 Albany Street, Edinburgh, at 10am on 22 July 2016 with a search warrant to obtain the evidence.

However, a stand off ensued while Clyde & Co applied to the court for a judge to revoke the search warrant.

The search warrant was subsequently revoked blocked by senior judge Lord Brodie after counsel for Clyde & Co claimed legal professional privilege was attached to the alleged evidence of abuse.

While the Crown Office have now admitted they were required to pay legal & other fees to Clyde & Co, prosecutors refused to divulge any further information on the case, citing the information was held as part of a criminal investigation – which has now been dropped.

Christine Lazzarin for the Crown Office stated in the FOI response: “Firstly I should clarify that a Bill of Suspension hearing emanates from criminal proceedings and any correspondence held between COPFS, the Scottish Courts and Tribunal Service (SCTS), Police Scotland and Clyde & Co in relation to this hearing is exempt.”

“By way of explanation, this correspondence is held by a Scottish Public Authority, namely the Procurator Fiscal, for the purposes of an investigation which the Procurator Fiscal had a duty to conduct to ascertain whether a person should be prosecuted for an offence and it is therefore exempt from release in terms of Section 34(1)(a)(i) of FOISA.”

“This is not an absolute exemption and I have therefore considered whether the public interest favours disclosure of the information, notwithstanding the exemption.”

“Whilst I appreciate that there is a great deal of information in relation to the hearing publically accessible on the SCTS web-site, I consider that there is a strong public interest in maintaining the confidentiality of correspondence in connection with allegations of criminality and consequently the Bill of Suspension hearing.”

“The confidentiality of such information ensures that the agencies involved in the criminal justice process can report to the Procurator Fiscal in a manner which is free and frank and for this reason I consider that the public interest favours upholding the exemption.”

“You have also asked for information about fees, costs, legal expenses or other funds paid by COPFS to SCTS and Clyde & Co. I can advise that COPFS paid a total of £10,021.38 in fees, and other legal costs to Clyde & Co after the hearing.”

Further enquiries into the case by the media have now established the investigation into the case of alleged abuse has now been dropped – with legal insiders at the Crown Office blaming the Crown Office handling of the search warrant, and the effect of Lord Brodie’s order cancelling the search warrant.

Legal sources have also speculated Police Scotland may have been forced to pay the same law firm – Clyde & Co – for their actions in seeking to serve the warrant and obtain the alleged evidence of abuse.

During the Financial year 2016 to 2017, a mysteriously large sum of public cash – £213,933.24 was paid to Clyde & Co by Police Scotland according to figures obtained in a recent media investigation into Police payments to law firms, reported in more detail here: Concerns on Public Bodies Legal Fees spending as figures reveal Scottish Police Authority fork out over £1m in legal fees, Police Scotland spend at least £1.3 million on external lawyers

However, faced with further searching enquiries, Police Scotland have point blank refused to disclose any further information about their payments to Clyde & Co and other law firms.

While the Crown Office have now dropped a prosecution in relation to the alleged abuse, the media are eager to speak to anyone involved in the investigation, or the victims themselves, who can if they wish come forward to DOI, by way of contacting the blog at scottishlawreporters@gmail.com

This latest floundered investigation into what is alleged to be an influential figure in relation to historical abuse crimes – is another blow for the failing leadership of the Crown Office – under current Lord Advocate James Wolffe QC & Solicitor General Alison Di Rollo (sister of Glasgow solicitor & former Law Society of Scotland President – Austin Lafferty)

Last month, it was revealed the Crown Office has given jobs – without interview – to relatives of high ranking Crown Office staff, who then went on to be charged with drug dealing offences – information which came to light in an ongoing investigation into Prosecutors interests and a secret Crown Office register of interests, reported in more detail here: DECLARE THE CROWN: Secrecy block on Crown Office Register of Interests – after fears info will reveal crooked staff, dodgy business dealings, prosecutors links to judiciary, criminals, drugs dealers and dodgy law firms

The Sunday Mail newspaper reported the payments from the Crown Office to Clyde & Co here:

Court chiefs fork out £10k to law firm after botched raid in abuse probe

‘Standards were not met’ when cops turned up with a warrant at Clyde and Co’s Edinburgh office and tried to seize ‘privileged and confidential’ material.

By Craig McDonald Sunday Mail 8 OCT 2017

Prosecutors have paid £10,000 to a law firm after a botched raid on their offices.

Police wanted to seize files from Clyde and Co lawyers that they believed related to an abuse investigation.

But the firm objected, stating the material was “privileged and confidential”.

Despite this, two officers turned up at the firm’s Edinburgh branch with a search warrant in July last year. The warrant was eventually blocked after a court hearing.

Judge Lord Brodie later ruled “standards were not met” regarding prosecutors’ handling of the case.

The Crown Office have now paid £10,021 in legal fees and costs to Clyde and Co.

Detective Constable Nicola Gow called Clyde and Co by phone on July 7 last year to tell the firm they had information in their files that might be relevant to a criminal inquiry.

Graeme Watson, a partner, told her he would check what information he could provide but that “client files were privileged and confidential”.

Gow said she would discuss it with her superior officer but told the firm “a search warrant might be sought”.

Watson wrote to the sheriff clerk in Edinburgh stating the files were covered by the “Data Protection Act, confidentiality and agent-client privilege”.

Two police officers turned up at the firm’s building in the city’s Albany Street with a warrant at 10am on July 22.

Clyde and Co went to court to have it blocked. In his judgment, Lord Brodie found the procurator fiscal’s actions in applying for the warrant “to have been oppressive”.

He said the wording was “misleading, if not simply inaccurate” and “requisite standards were not met”.

The Crown Office said last week: “We note the terms of Lord Brodie’s decision. The Lord Advocate has taken steps to ensure there will be no repeat of this situation.”

Police Scotland said: “As this is a matter for the Crown Office, it would be inappropriate for us to comment.”

Clyde and Co declined to comment.

POLICE STAND OFF AS JUDGE BLOCKS SEARCH WARRANT:

A full report on the opinion by Lord Brodie and his revocation of the Police Scotland search warrant was published by Scottish Law Reporter here: Police raid on Edinburgh law firm halted by judge – Lord Brodie hits out at Crown search warrant tactics against Clyde & Co over historic sex crimes investigation

An excerpt from the Bill of Suspension, signed by Lord Brodie in relation to the search warrant follows:

NOTE BY LORD BRODIE in BILL OF SUSPENSION by CLYDE AND CO (SCOTLAND) LLP Complainers;

against THE PROCURATOR FISCAL, EDINBURGH Respondent:

Complainers:  Smith QC; Clyde & Co

Respondent:  No appearance (Crown Office did not appear at hearing)

22 July 2016

[1]        The complainers in this bill of suspension are a limited liability partnership, being solicitors with a place of business at Albany House, 58 Albany Street, Edinburgh. The respondent is the Procurator Fiscal, Edinburgh. The complainers seek suspension of a search warrant granted by the sheriff at Edinburgh on the application of the respondent, dated 21 July 2016 and timed at 1537 hours (“the search warrant”). The application which came before me, on 22 July 2016 not long before 1700 hours in chambers, was for interim suspension of the warrant. As at that time the bill had not been warranted for service. Having heard Mr  Smith on behalf of the complainers, I adjourned in order to allow my clerk to advise Crown Office that the application had been presented and to invite the attendance of an advocate depute to represent the respondent. That invitation was made by telephone at a little after 1700 hours. It was not taken up. Having heard Mr Smith further, I suspended the search warrant ad interim, granted warrant for service of the bill and continued the matter to a date to be fixed.

[2]        The circumstances in which that application was made, as I understood them from what appeared in the bill, in two telephone attendance notes and the explanation provided by Mr Andrew Smith QC, who was accompanied and instructed by Mr Graeme Watson, Solicitor Advocate, a partner in the complainers, are as follows.

[3]        A client of the complainers is S.  The complainers have acted for S in relation to claims for damages against it by individuals on the basis of its vicarious liability for alleged acts which occurred at a particular location, L.  These claims have been discontinued on account of an acceptance that any claims were time-barred. It is averred by the complainers that in course of taking instructions from representatives of S these representatives “disclosed certain matters and were provided with advice… which advice and information being disclosed was privileged.” As I understood matters, the complainers retain in their possession documents and files, both paper and digital, generated in the course of acting for S which include information and advice in respect of which S, whose specific instructions have been taken on the point, asserts legal privilege.

[4]        On 7 July 2016 Detective Constable Nicola Gow contacted the complainers by telephone. She spoke to Mr Watson. There were at least three telephone calls between DC Gow and Mr Watson on that day. I was shown copies of Mr Watson’s telephone attendance notes. DC Gow indicated that she was aware that the complainers held certain information in their client files for S that might be relevant to a criminal inquiry which was currently being undertaken.  She already had copies of some documents but wished to obtain originals of these (including what she described as “originals” of unsigned statements held digitally), the litigation files and such other documents which were in the possession of the complainers. Mr Watson advised that the complainers would check what information they had access to with a view to establishing its whereabouts and what might be capable of being produced. Mr Watson indicated that the client files were privileged and confidential. Mr Watson advised that in the event of him receiving instructions to do so, he was willing to excise from the file certain material in order to assist the police inquiry. DC Gow suggested that they might arrange a time to look at the files together. Mr Watson said that he would need to take instructions on that proposal but that a provisional date for such a joint consideration of the files could be arranged. DC Gow indicated that she would discuss matters with her superior officer but that a search warrant might be sought.

[5]        On 11 July 2016, in anticipation that an application for a warrant might be made, Mr Watson, on behalf of S wrote to the Sheriff Clerk in Edinburgh requesting that the Sheriff Clerk contact the complainers in the event of any application to the sheriff with a view to S being represented at any hearing before the sheriff. Mr Watson explained in that letter that the complainers and S had provided such assistance to Police Scotland as they could within the confines of the Data Protection Act 1998, confidentiality and agent-client privilege. The letter included the sentence: “In our submission it would be oppressive and prejudicial for a warrant to be granted without first hearing from [S].” No reply has been received to that letter.

[6]        Subsequent to the conversations between Mr Watson and DC Gow and prior to 22 July 2016 neither the police, the respondent nor any other representative of the Crown contacted the complainers in relation to recovery of documents held by the complainers.

[7]        At about 1000 hours on 22 July 2016 two police officers attended at the offices of the complainers at 58 Albany Street, Edinburgh, claiming to be in possession of the search warrant which they proposed to execute. Initially they were reluctant to allow Mr Watson to read the search warrant and then they were reluctant to allow him to copy it. Once Mr Watson had succeeded in persuading the police officers to allow him to read and copy the search warrant he was able to ascertain that it had been granted at common law in terms of the crave of a petition at the instance of the respondent in these terms:

“to any Constable of Police Service of Scotland and/or members of staff from the Scottish Police Authority or any other Officer of Law with such assistance as they may deem necessary, to enter and search the offices, out buildings and storage facilities of Clyde & Co, Albany House, 58 Albany Street, Edinburgh and to be at liberty to secure and take possession of any papers relating to L whether in electronic or paper format, and any other evidence which may be material to the investigation into the alleged abuse at L held by said Clyde & Co, whether in a computer system or otherwise.”

Insofar as material to the issues raised in the bill, the averments in the petition were as follows:

“[S] have provided copies of documents referring to a code of conduct for staff … a punishment book, lists … statements, including what purports to be a statement taken from [a named person] and signed by her …

[S] have indicated that the originals of these documents are held by their legal representatives, Clyde & Co, Albany House, 58 Albany Street, Edinburgh. A request has been made to have these documents released to Police Scotland, however, the solicitor has refused to release these documents, citing reasons of client confidentiality.

The solicitor has indicated that they will provide the originals of the documents already provided in copy format only.

“There are reasonable grounds for believing that evidence material to the investigation … is found within the documents being withheld by the solicitor.  The solicitor has indicated to an officer of Police Scotland that there are two boxes of papers and electronic records relating to [L].”

The full note by Lord Brodie – which was published three months after the events of the search warrant took place, can be found here: COPFS Bill of Suspension – Clyde & Co – Lord Brodie

It is also worth noting the Scottish Government have recently announced the scrapping of time bar on historical sexual abuse cases, as the case referred to Lord Brodie does contain references to claims in relation to allegations of abuse becoming time barred.

The Scottish Government announcement on scrapping time bar for claims in relation to historical sexual abuse states the following:

The Limitation (Childhood Abuse) (Scotland) Act 2017 is a piece of legislation which changes the rules around the time limits within which you can make a claim for compensation in the civil courts. Usually you have to make your claim within three years of the injury, or (if it is later) three years from your sixteenth birthday.

This change will mean that there will no longer be a time bar on childhood abuse claims in the civil courts. (It applies to abuse of a person under the age of 18.) There will no longer be a requirement to make a claim within the three years or to ask the court to use its discretion to allow the case to go ahead after that period.

The law usually prevents claims being taken to court more than once. The Act makes a limited change to this for childhood abuse claims. If you took a claim to court before the Act became law, but lost because of the time bar, the Act means that you should not be prevented from taking another claim to court.

This change is in relation to the three year limitation period, which is relevant to abuse that took place on or after 26 September 1964.

The commencement of the Limitation (Childhood Abuse) (Scotland) Act 2017 means survivors of child abuse no longer face the ‘time-bar’ that requires personal injury actions for civil damages to be made within three years of the related incident.

Minister for Community Safety & Legal Affairs Annabelle Ewing, who took the legislation through Parliament, said the move was an important part of wider Scottish Government action to support survivors of childhood abuse.

Ms Ewing said: “Child abuse is the most horrific betrayal of our young people and, even where such crimes were committed decades ago, we will do all we can to help survivors get the justice they deserve. Police Scotland and the Crown continue to work tirelessly to bring perpetrators to justice through our criminal courts. And, while it may not be the right way forward for all, survivors may now be considering the option of accessing justice through the civil courts.

“This legal milestone would not have happened but for the courage of many adult survivors whose persistence and dedication have shone a light on the dark realities of child abuse. Through their brave testimonies they have made clear the great hurt and damage caused by the very individuals and institutions who should have cared for them.

“Alongside our national survivor support fund, the establishment of the independent public Inquiry into in-care childhood abuse, and the current consultation on a potential financial redress scheme, this removal of the civil time-bar underlines the Government’s commitment to ensuring Scotland is beginning to make amends for the grave failings of the past.”

Welcoming the introduction of the Act, Joanne McMeeking, Head of Improving Care Experiences at CELCIS at the University of Strathclyde, said: “The abolishment of the time bar is the result of many years of successful campaigning by survivors. It is a welcome addition to the package of effective reparation as outlined in the Action Plan on Justice for victims of Historic Abuse of Children in Care.”

For previous articles on the Crown Office, read more here: Scotland’s Crown Office – in Crown detail

 

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TRIBUNAL REGISTER: Calls for transparency as legal & wealthy, well connected interests dominate Tribunals system membership – Register of Recusals & Interests should be extended to cover all Tribunals in Scotland

Calls for tribunal members to publish interests & recusals. WITH THE announcement earlier this week of at least thirty solicitors have joined the First-tier Tribunal for Scotland, Housing & Property Chamber – there are calls for all members to be held to account by way of the publication of registers of interests for those who wish to take part in judgements affecting the lives of others.

The move comes after media enquiries have established a number of members of the tribunals have links to property businesses including letting, landlords services and other related interests which are not yet publicly declared by the Scottish Courts & Tribunals Service (SCTS).

And, with the existence of a Register of Judicial Recusals since 2014 – which recently saw significant improvements after a media investigation exposed failures to record judges standing aside in cases – there are also calls for a fully pubic Register of Tribunal Recusals to be published with equivalent detail on cases and Tribunal members as is currently disclosed by the Judiciary of Scotland.

Moves to improve transparency in the Tribunals system – and bring it up to speed with the judiciary – have come about after a number of cases have been brought to the attention of the media – where Tribunal members have failed to declare significant interests or step aside from hearings – which some participants have described as “rigged”.

An enquiry to the Scottish Courts & Tribunals Service last month – in the form of a Freedom of Information request – also revealed the SCTS is failing to keep any records of recusals of Tribunal members – despite the requirements in place for over three years that members of the judiciary have to notify and publish their recusals from court hearings.

In a response to the FOI request, the Scottish Courts & Tribunals Service refused to provide any information on Tribunal members standing aside from cases. The SCTS – who manage the tribunals – indicated no such information was held.

The SCTS response ended with a note all Tribunal members are subject to the same guidance to judicial office holders in terms of the Statement of Principles of Judicial Ethics – which has already been found to be flouted on a regular basis by even senior Court of Session judges who have been the subject of cases now reported in the media where they deliberately concealed conflicts of interest.

The SCTS said in response to the request asking for information on Recusals of Tribunal members: “The only information held by the Scottish Courts and Tribunals Service that falls within the description of your request is contained within guidance issued to judicial office holders. That guidance is the Statement of Principles of Judicial Ethics.”

A Tribunals User Charter for the Tribunals managed by the SCTS makes no mention of Tribunal members recusals or any registers of Tribunal members interests.

The announcement of the latest intake of members into the Tribunals system – an intake which is managed by the Judicial Appointments Board, was made by the Judiciary of Scotland here:

New Legal and Ordinary Members of the First-tier Tribunal for Scotland, Housing & Property Chamber

Thirty new Legal Members and 19 Ordinary Members have been appointed by the Scottish Ministers to the First-tier Tribunal for Scotland and assigned to the Housing and Property Chamber by the President of Scottish Tribunals, Lady Smith.

The announcement follows a recruitment round by the Judicial Appointments Board for Scotland (JABS), which invited applications from any suitably qualified individuals who wished to be considered for appointment.

The new members were recruited to assist in managing the increased jurisdiction of the Housing and Property Chamber that will handle more private rented sector cases from December 2017, including the new letting agents’ regime; transfer of jurisdiction from the sheriff courts; and new private tenancies.

The new members are as follows:

Legal Members

Yvonne McKenna; Lesley-Anne Mulholland; Nairn Young; Shirley Evans; Alastair Houston; Steven Quither; Petra Hennig McFatridge; Colin Dunipace; Lesley Johnston; Anne Mathie; Kay Springham; Alan Strain; Aidan O’Neill; Jan Todd; Alison Kelly; Valerie Bremner; Eleanor Mannion; Virgil Crawford; Pamela Woodman; Lynsey MacDonald; Karen Kirk; Neil Kinnear; Fiona Watson; Nicola Irvine; Graham Dunlop; Andrew Upton; Joel Conn; Melanie Barbour; Lesley Ward; Andrew McLaughlin.

Ordinary Members

Eileen Shand; Elizabeth Williams; Janine Green; Jennifer Moore; Linda Reid; Angus Lamont; David Fotheringham; David MacIver; David Wilson; Gerard Darroch; Gordon Laurie; James Battye; Leslie Forrest; Tony Cain; Elizabeth Currie; Frances Wood; Jane Heppenstall; Melanie Booth; Sandra Brydon.

The appointments came into effect on 18 September 2017.

Under changes to Scotland’s tribunals system which came into effect in July 2014, the Lord President is the head of Scottish Tribunals.  He has various statutory functions, including responsibility for the training, welfare and conduct of its members.

The Lord President has assigned Lady Smith to the role of President of Scottish Tribunals. She has various statutory functions, including responsibility for the efficient disposal of business in the Scottish tribunals, for the assignment of members to individual Chambers within the First-tier Tribunal, and for review of the members.

The First-Tier Tribunal for Scotland comprises a number of separate Chambers within which similar jurisdictions are grouped. The Housing and Property Chamber, which was established on 1 December 2016, performs the functions of the former Private Rented Housing Panel (PHRP) and the Homeowner Housing Panel (HOHP) in relation to tenancy and property related disputes. The Chamber will also start to handle more private rented sector cases from December 2017 including those arising in relation to the new letting agents’ regime; transfer of jurisdiction from the sheriff courts; and new private tenancies.

Appeals from the First-tier Tribunal go to the second tier of the new structure, the Upper Tribunal for Scotland.

Appeals from decisions of the Upper Tribunal go to the Inner House of the Court of Session.

Further information about the Scottish Tribunals visit the Scottish Courts and Tribunals Service can be found here: About Scottish Tribunals

The Tribunals (Scotland) Act 2014 created a new, simplified statutory framework for tribunals in Scotland, bringing existing jurisdictions together and providing a structure for new ones. The Act created two new tribunals, the First-tier Tribunal for Scotland and the Upper Tribunal for Scotland.

The Lord President is the head of the Scottish Tribunals and has delegated various functions to the President of Scottish Tribunals, the Rt Hon Lady Smith.

The Upper Tribunal for Scotland: The Upper Tribunal hears appeals on decisions of the chambers of the First-tier Tribunal.

The First-tier Tribunal is organised into a series of chambers .

From 1 December 2016, the Housing and Property Chamber was established and took on the functions of the former Home Owner and Housing Panel and the Private Rented Housing Panel.

From 24 April 2017, the Tax Chamber was established and took on the functions of the former Tax Tribunals for Scotland.

Housing and Property Chamber

Tax Chamber

Tribunals Administered by the SCTS:

The Mental Health Tribunal for Scotland

The Additional Support Needs Tribunals for Scotland

The Council Tax Reduction Review Panel

The Pensions Appeals Tribunal

The Lands Tribunal for Scotland

The Scottish Charity Appeals Panel

If you have any experience before any of these Tribunals, or information in relation to cases, Diary of Injustice journalists would like to hear about it. All information and sources will be treated in strict confidence, contact us at scottishlawreporters@gmail.com

Previous articles on the lack of transparency within Scotland’s judiciary, investigations by Diary of Injustice including reports from the media, and video footage of debates at the Scottish Parliament’s Public Petitions Committee can be found here : A Register of Interests for Scotland’s Judiciary.

Previous reports on moves to publish judicial recusals in Scotland and a media investigation which prompted further reforms of the Scottish Register of Judicial Recusals can be found here: Judicial Recusals in Scotland – Cases where judges have stood down over conflicts of interest

 

 

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