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CASHBACK, QC: Investigation reveals Scotland’s ‘top’ Planning QC demanded cash payments & cheques from clients in Court of Session case linked to serious judicial conflicts of interest

John Campbell QC – Faculty rules breached by payments from clients. A MEDIA investigation has revealed a senior Scots Queen’s Counsel who claims to be at the top of his field in Planning law – demanded and collected cash stuffed envelopes from clients involved in a Court of Session case now linked to serious failures of the judiciary to declare conflicts of interest.

An investigation by the Sunday Mail newspaper has revealed John Campbell QC (67) of Hastie Stable & Trinity Chambers – sent emails to his clients demanding the cash be handed over “in any form except beads” to pay for legal services provided to his client – the well respected former National Hunt jockey & trainer – Donal Nolan.

Campbell QC then collected the cash stuffed envelopes from clients in locations such as restaurants, a garage specialising in servicing Bentley cars, and on a site at Branchal in Wishaw.

The Branchal site became the subject of a court case against Advance Construction Ltd – who later admitted in court they dumped highly contaminated material at the North Lanarkshire site.

John Campbell QC emailed his demands for cash. “I’m writing to confirm that we agreed at our meeting on Friday that we will meet in Dalkeith on TUESDAY morning, when you will give me £5000 towards the fees of your legal team” … “Please let me know if it’s OK to meet at the Mulsanne Garage, which is at 137 High Street, and what time would suit you?”

The reference to the “legal team” within Campbell’s email confirms other legal figures who were part of the same team received payments from the cash collected directly by Campbell.

One member of that team is ad-hoc Advocate Craig Murray – of Compass Chambers. Murray has previously refused to answer any questions on his role, or disclose how much cash he received from John Campbell.

Another email from Campbell QC to his clients, seeking another £5K – reads: “Tomorrow, I am looking forward to a serious talk with you and John, but I need to collect £5000 from you, in any form (except beads!)”

However, the demands for cash payments by the QC are a direct breach of rules of the Faculty of Advocates who forbid their members from demanding cash and bungs for legal services – even though the practice is well known to occur in both criminal and civil cases.

Section 9.9 of the Faculty of Advocate’s Code of Conduct states: “Counsel should not under any circumstances whatever discuss or negotiate fees with or receive fees directly from the lay client.”

Further rules from the Code of Conduct state clearly that fees to QCs and Advocates acting as counsel can only be collected by solicitors, and then paid over to clerks and Faculty Services.

“Normally Counsel’s fees are negotiated between the clerk and the solicitor. All fees should be paid to Counsel’s clerk.”

Additional guidance designed to cover over any direct payments ‘collected’ by Advocates states: “If any fee happens to be paid direct to Counsel, Counsel must account for it forthwith to his or her clerk.”

However, an ongoing investigation into a series of invoices issued by the Faculty of Advocates has since revealed at least one of the invoices – which had no date – was sent to the client’s solicitor.

The move by the Faculty to issue an undated invoice is now subject to allegations this is an attempt to cover up the dates of a cash collections by John Campbell.

It can also be revealed some of the payments to Campbell in cheque form were made out to to Oracle – a firm founded and co-owned by John Campbell QC and John Carruthers.

Mr Campbell and solicitor advocate John Carruthers set up Oracle Chambers in the mid 2000’s in order to create – as they claimed at the time – “a more modern, commercially responsive organisation” than they felt was provided by Faculty Services Ltd, the service company of the Faculty of Advocates.

Former Cabinet Minister Alex Neil MSP (SNP Airdrie and Shotts) – who is backing his constituents in their quest to obtain justice, has now called for a full probe into the allegations against Campbell.

The Sunday Mail Investigation report on John Campbell QC:

 ‘We gave top QC £5000 cash in an envelope four times’ Couple claim law expert broke guidelines as MSP calls for probe

By Craig McDonald Sunday Mail 2 APR 2017

A couple claim one of Scotland’s leading QCs breached strict guidelines and asked for legal fees to be paid direct to him in cash.

Melanie Collins and partner Donal Nolan said they made the unusual payment after John Campbell told them he needed “£5000 from you in any form”.

Melanie said she and a friend met Campbell, who once represented Donald Trump’s Scottish business, in a restaurant in Dalkeith where she handed over the sum in banknotes.

She said she paid the QC – one of Scotland’s top planning law experts – three further sums of £5000 in cash at other meetings.

The method of payment is a breach of strict guidelines issued by the Faculty of Advocates – the ­professional body all advocates and QCs belong to.

The couple’s MSP last week called for a probe into the payments.

Campbell wrote in an email to Melanie on October 10, 2012: “Tomorrow, I am looking forward to a serious talk with you and John but I need to collect £5000 from you in any form.”

The man referred to is solicitor advocate John Carruthers, who assisted in the case.

Four days later, Melanie received another email from Campbell which said: “I’m writing to confirm that we agreed at our meeting on Friday that we will meet at Dalkeith on Tuesday morning when you will give me £5000 towards the fees of your legal team.”

Melanie, 62, a former land developer, of Bonkle, Lanarkshire, said: “I and a friend met with Mr Campbell at a restaurant in Dalkeith where I gave him an envelope containing £5000.

“There were three other ­occasions when I paid him £5000 cash in envelopes.

“One was at the Dakota hotel in Lanarkshire, one was at my home in Bonkle and one was a site in Cambusnethan in Wishaw relating to the court case. Looking back it might seem odd – but I had never had any dealings with a QC before and just assumed this was the way they worked.

“I paid two further cheques, one to Mr Campbell and one to a law firm, of £5000 and £4000. The total was £29,000.”

The payments related to a civil case Donal initially planned against a construction firm in 2011. The case was heard at the Court of Session in 2013.

Melanie said: “We won the case but were awarded £20,000. Our total legal fees were in the hundreds of thousands.”

She reported the cash payments claims to the Scottish Legal Complaints Commission in 2014.

The SLCC said at the time: “The complaint has been considered carefully by the SLCC. It has been decided … will not be investigated as it has not been made within time limits, for the reasons set out in the attached determination.”

The couple’s MSP, Alex Neil, the SNP member for Airdrie and Shotts, said: “All these allegations have to be investigated.

“If there has been malpractice at any stage this has to be dealt with by the appropriate ­authorities. Donal and Melanie’s problem up until now is that they’ve not been listened to when they have made the complaints.”

The SLCC could not be contacted for comment.

The Faculty of Advocates’ guide to conduct states: “Counsel should not under any circumstances whatever discuss or negotiate fees with or receive fees directly from the lay client.”

Their disciplinary tribunal can hand out fines of up to £15,000. A member can also be suspended or expelled from the faculty.

The Faculty of Advocates refused to comment last week.

Campbell, 67, said: “I have no comment to make.”

FEATURE:

John Campbell QC:

The case in which Campbell represented Mr Nolan is that of Nolan v Advance Construction Ltd, a high value damages claim in the Court of Session.

A media investigation recently revealed Inner House judge Lord Malcolm (Colin Malcolm Campbell) sat on the case no less than eight times while his son held an interest and represented the defenders – Advance Construction Ltd.

There is no recorded recusal by Lord Malcolm in the case, even though he stood aside during 2012 after he ‘realised’ his son may have been a ‘potential witness’.

Court papers obtained by journalists have since revealed alarming inconsistencies in hearings which cast doubt on the conduct of legal figures in the case – spanning eight Court of Session judges – one (Lord Malcolm) a member of the privy Council, several Sheriffs, high profile QCs and Levy & Mcrae  – the Glasgow law firm now subject to multi million pound writs in connection with the £400million collapse of a Gibraltar based hedge fund – Heather Capital.

At the time the case began, during late 2011, Advance Construction Ltd were represented by a judge – the now suspended Sheriff Peter Black Watson, and the son of a judge – Ewen Campbell – who both worked for Levy & Mcrae.

It was only discovered well into hearings in the case that Ewen Campbell was the son of the judge Lord Malcolm, who sat on the case a total of eight times, and unprecedently returned to the case after stepping aside, to hand over £5K lodged by a third party for an appeal.

And, it can be revealed a recent key ruling in the Court of Session delivered by the same Lord Malcolm – scrapped a 30 year policy of regulating service & conduct complaints against members of the legal profession by the Law Society of Scotland & post 2008 – the Scottish Legal Complaints Commission (SLCC).

The 2016 ruling by Lord Malcolm, reported here: CSIH 71 XA16/15 – appeal against a decision of the Scottish Legal Complaints Commission conveniently allowed the Scottish Legal Complaints Commission to scrap 700 complaints against lawyers, advocates and QCs, and shattering the hopes of clients poorly served by their legal representatives.

Among the complaints to be taken advantage of by Lord Malcolm’s ruling and subsequently closed by the SLCC was the complaint against John Campbell QC – which included evidence presented to investigators in relation to Campbell’s demands for cash payments.

The complaint against Campbell also included allegations and evidence in relation the QC’s conduct and service in the proof heard by Commercial judge Lord Woolman.

During the second last day of the proof, Lord Woolman stated the pursuer – Mr Nolan – had a claim as the he had lost the use of his gallop and grazing.

Campbell then acted on his own – and significantly altered Mr Nolan’s claim in the Court of Session – removing Mr Nolan’s £4m head of claim. Unusually, John Campbell also removed a claim for legal and professional expenses.

There is no trace of any legal instruction from Mr Nolan to undertake this course of action in court, nor was there any consultation with Mr Nolan’s solicitor – who would have to had provided Mr Nolan with legal advice in relation to any proposed alteration of the claim by John Campbell QC. Similarly there is no trail of any communications between Mr Nolan’s solicitor, the Edinburgh Agents and Mr Campbell.

When a complaint against John Campbell QC was lodged with the Scottish Legal Complaints Commission, enquiries established the legal regulator heavily relied on a letter from Craig Murray to exonerate the aging QC.

However, enquiries by journalists have established two versions of Craig Murray’s letter now exist. Both versions of the same letter were used by legal regulators to exonerate Mr Campbell from investigations by the Scottish Legal Complaints Commission and the Faculty of Advocates.

Refusals by Murray to clarify the two separate versions of his letter have raised questions and concerns over his status as a prosecutor working for the Crown Office & Procurator Fiscal Service (COPFS), amid claims he enjoys success prosecuting criminal trials in the High Court of Justiciary.

Lord Advocate James Wolffe has yet to act on the allegations involving Campbell and Murray.

James Wolffe is now caught in a conflict of interest situation given  his role in the matter of the Faculty of Advocate’s investigation of Campbell and their failure to act after evidence of the cash demands were presented during Wolffe’s time as Dean of the Faculty of Advocates.

Investigations into the case are set to continue amid growing calls for a full probe of Mr Campbell’s activities, and demands for Lord Carloway to act to preserve public confidence in the judicial and legal system in relation to decisions taken by members of the judiciary and certain events which took place in the Court of Session.

Has your solicitor, advocate or QC demanded cash payments from you at any stage of a civil or criminal case? Tell us more about it in confidence, by email to scottishlawreporters@gmail.com

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BRIBES’HEAD REVISITED: Second version of Advocate Depute’s letter to legal regulator ‘removed bribe offer’ in evidence considered by Faculty under ex-dean, now Lord Advocate James Wolffe QC

Craig Murray – undated letter removed reference to bribe. DOCUMENTS obtained by the media have revealed two legal regulators acted on significantly different versions of a letter bearing the name of an Advocate who also works as a Prosecutor for the Crown Office & Procurator Fiscal Service (COPFS).

Listed in the Legal 500 Advocate Craig Murray of Compass Chambers– states on his website he represents clients in civil claims. Murray also states he works as an ad hoc Advocate Depute, prosecuting criminal trials for the Crown Office in the High Court of Justiciary.

However, an ongoing media investigation has established Advocate Craig Murray is the author of a letter to the Scottish Legal Complaints Commission (SLCC) – a letter of which two distinct versions now exist and were considered separately by legal regulators.

The investigation focuses on Murray’s role as Junior Counsel in Nolan v Advance Construction Ltd, and the conduct of legal figures in the case – spanning eight Court of Session judges – one a member of the privy Council, several Sheriffs, high profile QCs and Levy & Mcrae  – the law firm identified in the £400million collapse of a Gibraltar based hedge fund – Heather Capital.

The letter was sent by Mr Murray to the Scottish Legal Complaints Commission in relation to a complaint against senior QC, John Campbell – who claims to specialise in Planning law.

Crucially, however, a significantly altered version of the letter – still bearing the name of Advocate Craig Murray as the author – removes references to ‘offers of a bribe’ to elected councillors at a Scottish local authority, and detailed references to evidence in a high value civil damages claim in the Court of Session.

Enquiries have now established the version of Murray’s letter to the Scottish Legal Complaints Commission, on the subject of  found its way to the Faculty of Advocates via the law firm Clyde & Co (formerly, Simpson & Marwick) – who are known to represent members of the legal profession who are subject to complaints, allegations of dishonesty, corruption and negligence claims.

The complaint against John Campbell QC arises from his provision of legal services and representation to former National Hunt jockey & trainer Donal Nolan, who was the pursuer in – Nolan v Advance Construction Ltd – a case which is now likely to be heading to the UK Supreme Court for an appeal.

Questions have now arisen regarding extensive differences between the two versions of the letter, addressed to the Scottish Legal Complaints Commission. Both versions of the same letter bear Craig Murray’s name as author.

Significantly, certain references to allegations of bribery involving employees of a construction company and elected councillors, have been altered in a second version of Mr Murray’s letter – which bears no date.

Advocate Craig Murray’s letter to SLCC (Text marked in pink shows extent of deletions in Faculty’s version). In a letter dated 22 July 2014 to the SLCC, Craig Murray writes: “The most accurate account of Councillor Taggart’s position will be in that statement. My recollection of Ms Moore’s summary is that a person, whose identity was unknown to Mr Taggart, telephoned him about this case and offered a bribe. There was nothing to identify that person or connect that person to the defenders.”

However, the second version of the letter, has the references to bribery removed from the end of the sentence.

The undated letter still bearing Craig Murray’s name and Advocates address, then reads: The most accurate account of Councillor Taggart’s position will be in that statement. My recollection of Ms Moore’s summary is that a person, whose identity was unknown to Mr Taggart, telephoned him about this case. There was nothing to connect that person to the defenders.”

Then, both versions of the letter from Craig Murray to the SLCC continue: “An allegation that the defenders had been involved in bribing an elected public official to commit perjury in court would have been extremely serious. There was no basis upon which an allegation of that sort could have been made by a responsible solicitor or advocate. There could also be no further investigation (particularly in the midst of the proof diet) as it was not known who made the telephone call.”

Councillor John Taggart – who is referred to by Murray, was interviewed late last week.

Councillor Taggart’s role in discovering the dumping of contaminated waste by Advance Construction Ltd, and his further efforts to assist Mr Nolan, and constituents affected by events, was crucial in bringing the case to court and into the public eye.

In discussions with a journalist, Councillor Taggart made clear in his own view, the evidence in relation to the offer of an inducement related to an event occurred at the opening of Calderbridge Primary School (former site of Coltness Primary School), and NOT in a telephone conversation as Mr Murray claimed in his letter to the SLCC.

Further, Councillor Taggart indicated the “person, whose identity was unknown to Mr Taggart” – according to Craig Murray’s statement, had in fact handed his business card to the Councillor during the school opening event.

The Councillor further alluded to the identity of the person as an employee of a main contractor for North Lanarkshire Council.

It has since been established both Advocate Craig Murray, and Fiona Moore of Drummond Miller were present with the Councillor when his precognition of evidence was taken.

Further enquiries by journalists have now revealed the person who allegedly offered the inducement is an employee of a major construction contractor on North Lanarkshire Council’s list of approved contractors.

When it became known the incident involving the inducement was to be used in evidence, the person who approached the councillor left Scotland for Ireland and did not return for a number of months – despite being cited as a witness to attend court to give evidence in the Nolan v Advance Construction Ltd case.

The record later shows – John Campbell QC – failed to call the witness even though the individual alleged to have offered the inducement to the councillor appears on the final witness list for the proof hearing before Lord Woolman in 2014..

If the evidence of bribery had emerged during lines of questioning at the Court of Session, the testimony may well have had a significant impact on the case, and most probably initiated a Police Scotland investigation into the companies involved, and North Lanarkshire Council.

However, Senior Counsel for Mr Nolan – John Campbell QC – chose not to introduce the conversation about the allegations of bribery in court.

Undated & altered version of Advocate Craig Murray’s letter to SLCC. The removal of references to a bribe, and swathes of material removed from the second, ‘undated’ version of Craig Murray’s letter to the SLCC – raises further questions over the written testimony offered by the Advocate & some time Prosecutor to the Scottish Legal Complaints Commission.

Curiously, the undated version of Murray’s letter then surfaces at the Faculty of Advocates – who chose to rely on this heavily altered version of Murray’s original letter – in relation to an investigation which ultimately dismissed the complaint against John Campbell QC.

In a letter dated 7 October 2015 from the Faculty of Advocates to Melanie Collins, Iain WF Fergusson QC confirmed the Faculty of Advocates preferred the lesser content of the undated letter to be used in the complaint against the QC.

Fergusson wrote: ”The earlier of your two e-mails refers to two versions of a letter by Mr Craig Murray, Advocate to the SLCC. The committee relied on the undated version of the letter as support for Mr John Campbell QC’s version of events. This has brought to light an administrative error – the version of the letter dated 22 July 2015 was not before the committee when it considered and determined your complaint”

In a letter of 2 May 2016 to the Scottish Legal Complaints Commission, law firm Clyde & Co – acting as legal agent for John Campbell QC against the complaint attempted to explain the discrepancy between the two versions of Craig Murray’s letter and how the undated version ended up at the Faculty of Advocates.

Anne Kentish, of Clyde & Co wrote: “We have reviewed our files and have ascertained the sequence of events surrounding the letter. When the complaint was originally made against Mr Campbell, we were provided with a copy of the undated version of the letter from Craig Murray to the SLCC. It was provided to us on the basis that it set out the background to the complaint and Mr Murray’s recollection of events.. We did not, at that time appreciate that the letter was in draft. It resembled a file copy letter.”

“When senior counsel for Mr Campbell, Alistair Duncan QC prepared the response to the complaint on behalf of Mr Campbell, he indicated that Mr Murray’s letter to the SLCC should be included in the appendix to the response. When we prepared the appendix, we used the version of the letter that we had within our files which was the undated version. We did not at that time appreciate that the final, dated version, existed.”

“Later that day, Mr Duncan forwarded to us some emails which happened to have the dated version of the letter attached. We understand that Mr Duncan had been provided with the final version of the letter by Mr Murray. Neither we nor Mr Duncan realised that we were working from slightly different versions of the same letter (one being a draft and one being a final version)”

“As soon as we realised a final dated version of the letter existed (the day after the response was submitted to the Faculty) we provided Faculty with the final dated version of the letter and asked it to replace the undated version.”

“Mr Murray has confirmed that the undated version is a draft version of the final version dated 22 July 2014.”

However, the lengthy and laboured explanation from Clyde & Co to the Scottish Legal Complaints Commission, and the email from Iain Fergusson QC are completely at odds with a written explanation provided by Advocate Craig Murray to Mr Nolan’s partner, Ms Collins.

Seeking to explain the situation regarding his letter, an email dated 23 June 2015 from Craig Murray to Mr Nolan’s partner, Melanie Collins, stated the following: “I finished writing this letter on 22 July 2014. I signed it and sent it to the SLCC that day. Copies were also sent to you and to John Campbell QC. I did not submit one to the Faculty of Advocates, nor did any Office-bearer or member of Faculty staff see the letter before it was sent (or for that matter have I passed a copy to any Office-bearer or member of Faculty staff since). I do not know how the Faculty of Advocates came to have a copy of the letter. Could you possibly provide me with a copy of the letter or email from the Faculty of Advocates, enclosing my copy letter?”

“I note that you have provided two copies of the letter. One is dated 22 July 2014 and has page numbers and footnotes. That is the letter I submitted to the SLCC and copied to you. The letter you have labelled 5B has no date, no page numbers and no footnotes. This letter is not in a form which I saved on my computer or sent to anyone else. It appears to have the same content, font and (roughly) layout as the dated version, but I have not checked on a line-by-line basis.”

It is unusual for such material to be made public as papers submitted to the SLCC remain unreleased due to confidentiality rules.

However, the papers have been made available to journalists who are investigating the litigation process of Nolan v Advance Construction Ltd – after the case was brought to the attention of MSPs at the Scottish Parliament.

And, given the author of the letter – Craig Murray also works as an ad hoc Advocate Depute prosecutor in Scotland’s courts, there are now concerns over the implications of a Prosecutor being identified in various versions of the same letter, one version of which contains alterations to witness testimony in relation to criminal acts, and references to evidence in what has now become a key case of judicial failures to recuse, and accusations of bias in the courts.

Late last week, the Crown Office was asked for comment on the matter and the impact on Murray’s role as a prosecutor.

Initially, the Crown Office refused to comment, and demanded any request for media reaction be put in the form of a Freedom of Information request.

Pressed on the matter, a spokesperson for the Crown Office then suggested: “..as Mr Murray is not a COPFS employee any request for formal comment in relation to his professional conduct as an Advocate should be submitted to Mr Murray himself, the Dean of the Faculty of Advocates or the SLCC. Any allegations of criminal conduct should be raised with Police Service of Scotland.”

However, there are clearly public interest questions in relation to a prosecutor named as the author of a letter where one version, used by a law firm with direct connections to the judiciary – removed evidence in relation to criminal acts and bribery.

The Crown Office was then asked if the Lord Advocate intends to act to protect public confidence in the Crown Office and Procurator Fiscal Service by ordering an investigation into the use of altered versions of Mr Murray’s letter to the SLCC, and act on the status of Mr Murray as an Advocate Depute.

No reply was received.

However, it has since been established, the Dean of the Faculty of Advocates during the sequence of events which saw the Faculty investigation into John Campbell – is the current Lord Advocate James Wolffe QC.

As part of his current role as Lord Advocate – James Wolffe QC now oversees cases Craig Murray prosecutes while acting as an ad hoc Advocate Depute.

Earlier this month, DOI revealed a judge took part in a case on no less than eight occasions, where his son acted as a solicitor for the defenders. No recusal was ever recorded in this case by the judge – Lord Malcolm, who’s son Ewen Campbell had acted for the defenders – Advance Construction Ltd. The article featured here: Papers lodged at Holyrood judicial interests register probe reveal Court of Session judge heard case eight times – where his son acted as solicitor for the defenders

Additionally “The National” newspaper carried an exclusive investigation into the Nolan V Advance Construction Ltd case, here: Couple’s human rights breach claim raises questions about how judicial conflicts of interest are policed. The newspaper’s investigation revealed there are moves to take an appeal to the UK Supreme Court at a date to be decided.

Papers now under consideration by journalists for upcoming publication, are set to reveal allegations a legal team – of which Mr Murray was a member – received disbursements from a senior QC from funds the QC obtained after demanding and personally collecting substantial cash sums of thousands of pounds from clients.

The payments – outwith the normal procedure of paying advocate’s fees via a solicitor and to faculty services – are under investigation by journalists due to concerns in relation to irregularities and potential tax avoidance issues.

Craig Murray was contacted for his comments on material handed to the press.

Craig Murray was asked why there were significant differences between two versions of his letter to the Scottish Legal Complaints Commission, one dated, the other undated.

Craig Murray refused to comment.

Craig Murray was asked to confirm if his letter was altered by someone other than himself.

Craig Murray refused to comment

Craig Murray was asked if he was aware of Lord Malcolm’s true identity (Colin Malcolm Campbell) and his relationship to solicitor Ewen Campbell, one of the legal agents working for the defenders.

Craig Murray refused to comment.

Lastly, Craig Murray was asked to comment on both versions of the letter he sent to the Scottish Legal Complaints Commission. He was asked which one he wrote and if he was aware anyone altered the second undated version of his letter.

Craig Murray refused to give any comment.

A billing document from Craig Murray’s Compass Chambers to the client, reveals he was to be paid £800 +VAT per day for proof preparation and £1,250 + VAT per day for Court, which ran to 8 days. A bill was subsequently received from Mr Murray’s stables for around £39,000.

It has since been established, the SLCC relied on the dated version of Murray’s letter, while the Faculty of Advocates relied on the heavily altered undated version of Murray’s letter regarding their consideration of a complaint against John Campbell QC.

Papers obtained from case files and published in this investigation confirm the undated version of Craig Murray’s letter appears to have originated from the Edinburgh law firm – Clyde & Co (formerly Simpson & Marwick).

The letter from Clyde & Co also confirms the undated version of Murray’s letter was sent to the Faculty of Advocates, on the instructions of Alistair Duncan QC.

Duncan was tasked with defending John Campbell QC in relation to the complaint being considered the Scottish Legal Complaints Commission.

However, Court papers record the same Alistair Duncan QC – who was now defending John Campbell QC, once appeared for the defenders against Mr Nolan – in the Nolan v Advance Construction case – on 9 November 2011.

Late yesterday, the Scottish Legal Complaints Commission was provided with the two versions of Craig Murray’s letter, and a copy of a letter from Clyde & Co, admitting their role in providing the second, undated version with alterations to the Faculty of Advocates.

The Scottish Legal Complaints Commission was asked for a statement on the existence of the two versions of Craig Murray’s letter and what action the regulator intends to take.

The SLCC refused to comment.

However, the SLCC confirmed a meeting had taken place between their Chief Executive – Neil Stevenson – and former Cabinet Minister Alex Neil MSP – who has provided powerful backing for his constituent – Donal Nolan.

A spokesperson for the SLCC said: “I can confirm that a meeting between our CEO and Alex Neil MSP took place.   The meeting was to discuss the SLCC’s process: what powers we have; actions we can take; and what we can’t do.”

The case has now been brought to the attention of the Scottish Parliament’s Public Petitions Committee – who are probing judicial interests, failures of judges to recuse over conflicts of interest, and opposition of Scotland’s current Lord President – Lord Carloway – to calls for the creation of a register of judicial interests.

Had a comprehensive and publicly available register of judicial interests existed at the time of the Nolan v Advance Construction Ltd case, details of judicial links in the register could have prevented injustice in the Nolan case – and many others in the courts – from the very outset.

PROFILE: Craig Murray – Personal Injury specialist & Ad hoc Advocate Depute, of two letters:

Craig Murray – Year called: 2008

Qualifications: LLM in Commercial Law (Distinction),University of Edinburgh Member, Chartered Institute of Arbitrators Faculty Scholar, Faculty of Advocates LLM in Human Rights Law, University of Strathclyde, Dip Forensic Medical Sciences, Society of Apothecaries, Dip Legal Practice, University of Edinburgh LLB (Hons), University of Edinburgh.

Craig has a busy defender personal injury practice in the Court of Session, representing insurers and local authorities. A substantial practice part of his practice is in defending fraudulent claims at all levels, in particular employers’ liability cases and road traffic claims.Craig also represents claimants in medical and dental negligence claims.

Craig has been instructed in a number of complex product liability cases, including pharmaceutical cases (Vioxx and Celebrex) and medical products (mesh surgical implants and PIP silicone implants).

Craig has substantial experience in property damage claims and other aspects of reparation.Craig occasionally acts in public law and human rights cases, including judicial review, mental health appeals and immigration.Craig has previously been a tutor on the Diploma in Regulatory Occupational Health & Safety at the University of Warwick and on the Civil Court Practice course at the University of Edinburgh.

Craig was appointed as an Advocate Depute ad hoc in July 2015. He is a member of the Children’s Panel for the Scottish Borders.

Among references to recent cases listed on Craig Murray’s profile is Nolan v. Advance Construction [2014] CSOH 4, a land contamination case in the Commercial Court, with senior counsel.

 

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