Friday, June 10, 2011

Scottish Arbitration : A ‘World Class Disaster’ with Law Society, Advocates, Surveyors, Marsh & Fettesgate justice, backed by Scottish Government

Law Society & Scottish GovernmentScottish arbitration backed by Law Society & Scottish Govt of no use to clients, say insiders. SCOTTISH ARBITRATION, a new ‘business’ which has sprung up in the wake of the Arbitration (Scotland) Act 2010 backed by the Scottish Government, with participants such as the Faculty of Advocates, the Law Society of Scotland and the Royal Institute of Chartered Surveyors, is “a seedy world full of unaccountable self regulators, dishonest insurance companies and suspect individuals” say legal insiders & consumer groups, warning those who may be considering using arbitration or bringing their arbitration business to Scotland “to forget it and look elsewhere”.

john_murray_qcScottish Arbitration Centre appointed ex Court of Session judge who resigned over ‘officially unexplained allegations’. The recommendation to avoid using the very much self regulator dominated arbitration market in Scotland comes in the wake of a recent report by Scottish Law Reporter, revealing a former Court of Session judge, Lord Dervaird, aka Prof. John Murray QC the judge who STUNNED the Scots legal establishment in the early 1990s by resigning in a cloud of rumours connected to the FETTESGATE ‘Gay Justice Conspiracy' scandal in which several journalists were arrested to cover up allegations against senior members of Scotland’s judiciary, has been appointed as an Honorary Vice President of the Scottish Arbitration Centre, a ‘joint venture’ opened by the SNP’s Fergus Ewing and backed by the Scottish Government, the Chartered Institute of Arbitrators, the Faculty of Advocates, the Law Society of Scotland and the Royal Institute of Chartered Surveyors.

marshDisgraced US insurers Marsh operating here as Marsh UK insure many backers of Scottish Arbitration Centre. It can also be revealed that most or all of the organisations participating in Scottish Arbitration market have links to the disgraced insurers, Marsh, who were convicted in the United States of market rigging. Marsh also arrange professional indemnity insurance for the Law Society of Scotland through its notoriously corrupt Master Insurance Policy, itself linked to deaths in an independent report, and also provides the same insurance to Scotland’s Faculty of Advocates. Marsh are also used by many departments of the Scottish Government, local government and the private sector in Scotland for insurance coverage so if your dispute involves a profession insured by Marsh, a fair hearing in arbitration may be very hard to obtain.

Fergus Ewing Jim Mather Scottish Arbitration CentreFergus Ewing, Jim Mather & Brandon Malone nab create the arbitration business. The Scottish Arbitration Centre made the announcement of the appointment of ex judge Lord Dervaird, stating “A former Court of Session judge, Lord Dervaird has experience as an arbitrator and as counsel in numerous international arbitration proceedings. He wrote the National Report, Scotland, in the ICCA International Handbook on Commercial Arbitration in 1995. He is Emeritus Professor at the University of Edinburgh, and lectures on international arbitration at London (King’s College) and Strathclyde Universities.” No mention of exactly why Lord Dervaird was “a former Court of Session judge” was made in the Arbitration Centre’s media release, something potential clients may wish to know.

According to Scottish Law Reporter : The Scottish Arbitration Centre came about after a specific proposal for an arbitration centre was presented by Brandon Malone, solicitor advocate, on behalf of the Scottish Government’s steering group at a meeting last year between Fergus Ewing and representatives of the bodies authorised to act as Arbitral Appointments Referees (AARs) under the Arbitration (Scotland) Act 2010. Mr Malone, who also happens to be Chairman of the Scottish Arbitration Centre, has been involved with the SNP for many years and was the party’s “Assistant Spokesperson on Justice & Equality” in the late 90’s, famed among other things yet to be published, for writing letters in the Scotsman newspaper defending the legal profession and its stance on regulation.

The much hyped Arbitration (Scotland) Act 2010 pushed through by the SNP Scottish Government aimed to promote domestic & international arbitration under Scots Law and seeks to promote Scotland as a place to arbitrate disputes, legal & otherwise. In the over hyped campaign, the then Communities & Justice Minister Fergus Ewing claimed : “Scotland is now well positioned to be a 'world leader in the lucrative international arbitration scene”.

This latest move on the part of the SNP Scottish Government to create a new business dominated and almost exclusively controlled by Scotland’s closed shop legal services sector, comes on the heels of a FAILED campaign in 2008 by Justice Secretary Kenny MacAskill to encourage foreign firms & clients to bring litigation to Scotland. Wisely, international clientele heeded warnings on the perils of the Scottish justice system and stayed away from Mr MacAskill’s bid to attract litigants to the Scottish courts, a campaign which flopped within a few months.

Critics of the Arbitration (Scotland) Act 2010 and its passage through the Scottish Parliament point out the legislation was put through Hollyrood at the suggestion of the Scottish legal establishment to corner the arbitration market, seen as a lucrative business to be controlled before ‘outside elements’ took it over. The legislation seeks to increase the number of arbitrations under Scots Law while also increasing the level of business for arbitration advisers and the number of appointments of arbitrators based in Scotland, as long as they are agreeable to, or members of, or are under the control of the same organisations who are in partnership with the Scottish Arbitration Centre.

jamie_millarFormer President Jamie Millar welcomed Law Society’s new business venture in the guise of independent arbitration. Speaking at the time of the Scottish Arbitration Centre’s opening, Jamie Millar, the former President of the Law Society of Scotland admitted the whole idea of Scottish arbitration was a Law Society sponsored operation. Mr Millar said : "At the request of our members, the Society campaigned for new arbitration laws and was actively involved in the passage of the Arbitration (Scotland) Act 2010 through the Scottish Parliament. We have long supported the idea of having a focal point to promote the value of arbitration to Scottish businesses so are delighted to see that the new opportunities the act presents are being seized, and that international arbitrations are being encouraged to locate in Scotland."

Faculty of Advocates crestThe Faculty of Advocates were also keen to corner lucrative arbitration business. Alan Dewar QC, Treasurer of the Faculty of Advocates, welcomed the plan, saying : "The Faculty of Advocates is pleased to have participated in the planning and preparations leading to today's launch of the Scottish Arbitration Centre. It looks forward to playing its part in promoting arbitration (both domestic and international) as a useful, cost-effective alternative to litigation. Quite apart from being a beautiful country to visit, Scotland is ideally placed to offer a first class arbitration service in terms of expertise, facilities and surroundings. The Faculty is delighted that the Centre is to be located at Dolphin House in the Old Town of Edinburgh, very close to the Faculty's base."

An official from one of Scotland’s consumer organisations said today the arbitration market in Scotland appears to be cornered & controlled by the legal profession and elements of other professions who themselves are the biggest causes of cases which end up requiring arbitration.

She said : “This is clearly an attempt by a few professions to control the arbitration market for themselves.”

She continued : “There is a danger here where consumers may be fooled into thinking that taking their case to arbitration is a faster, cheaper way of obtaining a resolution to their problem rather than embarking on costly litigation in Scotland’s courts. However those same consumers may not be aware those who are in the arbitration market are backed by the same professions and even the same indemnity insurance companies they already have problems with.  I would therefore advise consumers to view arbitration with a degree of suspicion otherwise they may end up being bitten twice.”

A client who contacted Diary of Injustice about a long running high value negligence case against an Edinburgh law firm has recently been urged by his own solicitors to take his case to arbitration instead of going to court. He was suspicious of the move and asked for advice.

He said : “My own lawyers now want me to take my case to arbitration instead of the Court of Session but I don't believe arbitration will reveal the extent of my solicitor’s negligence and how a large sum of money disappeared from my business. I want a ruling because my former lawyer is a thief and a liar. I also don't want my huge financial loss turned into a paltry settlement.The money is missing and it is my first lawyer’s fault, it should be repaid and he should be found out in court.”

He continued : “I wondered why this sudden rush after my own lawyers worked on my case for three years and said I had a good chance of winning. After I found out the Law Society of Scotland were involved in the arbitration scheme and that it has something to do with the Master Policy insurers who are the defenders in my court action, I asked my lawyer who very reluctantly confirmed the facts. He admitted they were all tied up with the same insurers. I will be staying well away from this so-called arbitration, thanks.”

A Scottish Courts insider said today it would be foolhardy for foreign litigants to come to Scotland on the back of claims of legal expertise which do not exist.

He said : “If the Scottish Government wish to attract litigation or arbitration to Scotland they should first address the important recommendations raised by Scotland’s Lord Justice Clerk, Lord Gill in the Civil Courts Review to ensure Scots civil law is fit for purpose. Currently it is not and we now have a situation where the Scottish Government would rather rush through legislation to suit the ends of business & vested interests than reform the civil justice system upon which the likes of civil litigation & arbitration depends.”

Whether you are a company, or an individual, make sure you know the full facts before becoming involved in the Scottish version of arbitration, which more often than not is controlled & financially supported by the same industry or profession you case or dispute involves. Disputes arbitrated by vested interests do not guarantee a fair hearing, rather they guarantee only an unfair outcome.

If you are being pushed into arbitration in Scotland by professionals who themselves stand to make a lot of money out of it, or perhaps want something covered up while making sure you don't really get the full measure of what a court ruling will provide, stay away from it. Just remember which particular industries & self regulators control the Scottish arbitration market, a state of affairs which clearly makes Scottish arbitration nothing less than a World Class Disaster.

Background of Fettesgate :

Fettes thief cons gay judges probe The SunProbe into gay justice scandal was itself discredited after further newspaper allegations. Fettesgate was the term given to a major scandal involving the Lothian and Borders Police force in the 1990s, from its Fettes Avenue headquarters near Fettes College in Edinburgh.The "Fettesgate scandal", as the incident was quickly called, began in the early hours of 19 July 1992, when burglars spent three hours in the Fettes headquarters of the police force. The break-in, through an unsecured window of the Scottish Crime Squad’s ground-floor offices in the HQ building, led to several confidential documents being stolen and Animal Liberation Front slogans being sprayed on the walls.

Cases for ConcernMany claimed Police were directed to arrest journalists to cover up scandal in the judiciary. Two journalists who reported on the incident after receiving tip-offs were arrested; Alan Muir, a reporter for The Sun, wrote a story based on an anonymous telephone call on the day of the incident, and was detained for six hours, and Ron McKay, a journalist for Scotland on Sunday found documents after another anonymous call six days later. When he wrote a story based on the documents, he was arrested at dawn, while at his girlfriend's house in Chatham, Kent. He was held overnight, and charged with reset, the crime under Scots law of receiving stolen property. The charges were dropped six months later. The stolen documents concerned the police's use of "telephone metering"; recording the destination and duration of suspects' telephone calls, without listening in on them. Although this was regarded as legal, the controversy led to a debate about privacy and what safeguards were needed regarding information gathered in this way.

How I Mugged Man from the Crown Office the Sun 18 December 1992Lothian & Borders Police were branded incompetent and Animal Liberation Front were blamed to take heat off scandal hit judiciary. The theft of such sensitive material from what should have been such a secure place, under the very noses of the police, led to questions being asked about the competence of the Lothian and Borders force to take charge of the European summit in Edinburgh later that year. It transpired that the Animal Liberation Front had not been involved in the break-in. The chief constable later admitted that the treatment of Mr McKay was tactless and apologised to the editor of Scotland on Sunday.

Aggrieved PoliceScots judiciary & Police were thrown into significant disrepute by gay conspiracy allegations. Nobody has yet been charged with the break-in, leading some journalists who have covered the story to believe that the burglar's identity (allegedly a police informer) is known to the police, but that they fear he might embarrass the force in court. The return of the sensitive files was allegedly the result of senior detectives reaching an immunity deal with a man close to the city’s gay criminal underworld. An internal report is believed to have been completed by the police force on the matter, but has never been released to the public.

In a typically Scottish move, an investigation & subsequent report was written by members of the Scots legal establishment on the Fettesgate allegations, clearing everyone That report, widely disputed & discredited since its publication, can be read online or downloaded here : the report on an inquiry into an allegation of a conspiracy to pervert the course of justice in scotland by WA Nimmo Smith QC & JD Friel

56 comments:

Anonymous said...

Idiotic of the SNP to hand the entire business to lawyers which is effectively what happened here.

Anonymous said...

Does Scottish arbitration give discounts on rent boys?
hahahaha because there are plenty qcs in the rent boy business in Scotland we are not allowed to talk about chuff chuff chuff all those golden boy qcs who parade around on national tv playing the innocent between bungs and dictating morals to the rest of us chuff chuff and no one stands up to say anything about ye gods!

Anonymous said...

Mr Millar said : "At the request of our members, the Society campaigned for new arbitration laws and was actively involved in the passage of the Arbitration (Scotland) Act 2010 through the Scottish Parliament. We have long supported the idea of having a focal point to promote the value of arbitration to Scottish businesses so are delighted to see that the new opportunities the act presents are being seized, and that international arbitrations are being encouraged to locate in Scotland."

Thanks awfully for admitting to the whole scam Mr Millar.How greedy and creepy your members really are!

Anonymous said...

Interesting that journalists were arrested to cover it all up.That must have been done on orders from either the judges or politicians at the time.Could Scotland be called a judicial dictatorship in this case?

And worse these people want us to arbitrate with them?
What a sick joke!

Anonymous said...

Hopefully the contempt in which Scotland's justice system is held both here and abroad will ensure that the 'Arbitration Service' will receieve few if any calls.

Even a brief examination of the facts you have presented in this report should guarantee any client will steer well clear, good work Mr Cherbi.

Anonymous said...

Hmm the SNP allow journalists to be arrested to cover up judges and their rent boys?

What part of nationalism/independence does this fall under?

Anonymous said...

and all wrapped up in a tight little package by Marsh.Very neat.

Wouldnt it be more effective to cut out all the pretence of arbitration along with Mr Malone and his team and just sit opposite the men from Marsh?

Anonymous said...

It seems the Law Society can get anything rushed through the Scottish Parliament with a minimum of fuss or media attention.Does anyone think this is just a bit WRONG?

How many brown envelopes or favours secured this little venture?

Anonymous said...

Working in Edinburgh I know a few of the names involved in this and would agree its best to stay away from this mob.I know someone who went through arbitration on an industrial tribunal and it collapsed then was taken to court and he won.

Anonymous said...

Another closed shop exercise?
Who gets be arbiters anyway? anyone the Law Society sees fit?
That'll be all these lay people again crawling out the woodwork for a few more pounds greedy ********!

baz said...

This is interesting - they buried the arbitration bill with the Economy, Energy and Tourism Committee yet with the Law Society & FoA in the lead surely the Justice Committee should have been involved ?
http://www.scottish.parliament.uk/s3/bills/19-Arbitration/index.htm

Of course with those Scottish msps being as thick as mince and the Law Society dangling carrots over their long noses there wouldn't have been much hope for intelligent debate - I dont even see any calls for submissions on the page so it must have been a quickie bill put through on a few winks.
Hardly inspiring confidence in the end result of this Scottish Arbitration Centre which I wont be using nor will I recommend it to any clients.

Anonymous said...

These arbitrators will also need PII.Odds are it will also be Marsh or another company already in the Master Policy.

Anonymous said...

Regardless of what the judge did the main issue here is Marsh and the bloody Law Society are behind the whole arbitration set up.You just need to look at Millar's statement to see the lawyers dribbling their bloody chops over yet another opportunity to fleece people to bits.Your man suing the lawyer found them out big time and is staying away from it VERY GOOD!

Anonymous said...

Scotland being most famous these days for the Lockerbie Trial FIT UP I doubt anyone would bother using the same place to do arbitration!

Anonymous said...

I wouldn't go anywhere near it after reading this!

Anonymous said...

In this instance we can be virtually certain that 'whoever pays the piper will NOT call the tune' - that will be decided by Marsh and its glove puppets in the Scottish legal profession.

Anonymous said...

Why did the solicitor of the client in the case you quote from attempt to steer it through arbitration instead of CoS?

Anonymous said...

"Scottish Arbitration : A ‘World Class Disaster’ with Law Society, Advocates, Surveyors, Marsh & Fettesgate justice, backed by Scottish Government"

May as well have been started by the Mafia then.
What chance does anyone have to get a fair settlement out of people like this? NONE

Anonymous said...

He continued : “I wondered why this sudden rush after my own lawyers worked on my case for three years and said I had a good chance of winning. After I found out the Law Society of Scotland were involved in the arbitration scheme and that it has something to do with the Master Policy insurers who are the defenders in my court action, I asked my lawyer who very reluctantly confirmed the facts. He admitted they were all tied up with the same insurers. I will be staying well away from this so-called arbitration, thanks.”

No need to wonder its a f*cking set up!

Obviously the Law Society and their 'partners' dont want rulings coming up in court which could be used later along with grinding down your settlement to 50p if they can get away with it.

You also better watch your lawyer doesnt leave you after getting the orders to dump from the Law Society which you can find plenty references to in Peter's blog

Anonymous said...

The funny thing about Fettesgate is it all came true in the end and now we have umpteen golden boys from the legal profession dictating on tv what our morals should be yet someone should take a look at what they are up to in between bungs rent boys and giving judges a bone to chew on

Anonymous said...

arbitrate in Scotland what a flaming joke!

Anonymous said...

So really this arbitration act was rushed through Holryood as a gift for one of the SNP's own and set up yet another business for lawyers to corner and that was done when they had a minority now they have a majority so its only a matter of time before dissenters face the gas chamber!
Yes take your arbitration business elsewhere as they say and stay safe from the evils of Scottish legal double dealing!

Anonymous said...

As I have written many times before, it is their law so let them keep it. Do not go near lawyers the law Society of Scotland the Faculty of Advocates or the SLCC.

Picture this your first contact with a lawyer which is where you advise them what you want them to do and they say yes. So how come after you spend thousands of pounds with them you get nowhere and for some reason you have ended up spending money on something which is miles away from what you originally employed them to do?

Get it into your heads they don't work for you, they will never work for you because they only work your case for themselves. Do yourselves a favour and don't go near them.

Anonymous said...

As the Courts insider said it would be good to have Lord Gill's clean up of civil law fully completed before going on these exercises in arbitration which as the good judge said some time ago is all based on a Victorian legal system unfit for purpose.

Anonymous said...

This could be as crooked as the mediation scam being run by the LSoS & SLCC to stop the worst complaints getting through the system although as you continue to report the regulation system is already broken!

Anonymous said...

After reading this I shudder to think what else goes on in Scotland with these judges,politicians lawyers and their scandals.

Obviously it is the last place on earth anyone should expect justice or this arbitration because it is all rigged for the special interests.

Anonymous said...

Had a read through this and looked around for other stories on Scottish arbitration.

Do you realise all the other reports I can find in newspapers are written by solicitors? One even uses the headline from the Scottish Executive's own press release!

Crap newspapers and lazy journalists allow all this sh*te to be spun off on blokes in the street as some new solution for their legal ills yet its all bunkum and the whole thing is controlled by lawyers and their own insurance company.Ridiculous.

Anonymous said...

VERY INTERESTING all these newspaper cuttings about Fettesgate and the gay judges returns to haunt the SNP arbitration scheme I wonder what else is cooking up among these people?

Anonymous said...

crooks!

Anonymous said...

Fettesgate still alive & well if you ask anyone in the know:

http://www.thefreelibrary.com/ADVOCATE+OUIZZED+ON+SEX+ATTACK%3B+EXCLUSIVE+High-flier+accused+by+male...-a0145119813

ADVOCATE OUIZZED ON SEX ATTACK; EXCLUSIVE High-flier accused by male lawyer.

Byline: By JANE HAMILTON

A HIGH-FLYING lawyer has been accused of sexually assaulting a male solicitor at a legal function.

Advocate Gavin Anderson, 34, was reported to the procurator fiscal procurator fiscal over the allegation.

Although prosecutors decided he would not face criminal charges, he will now be investigated by the Faculty of Advocates, his professional body.

The alleged victim is based in Glasgow. He says he was assaulted at a function in the city by Anderson, who is from Edinburgh.

A source close to the Faculty of Advocates said: "A complaint has been made following a report to the police and is subject to investigation by the discipline committee.

"They will take their time examining all the evidence before deciding what action, if any, to take.

"It's very unusual for an advocate to be subject of a police investigation and most people are very surprised."

Aberdeen University graduate Anderson became a member of the Faculty of Advocates five years ago after winning a scholarship.

At 29, he was one of the youngest lawyers ever to become a member of the body, which regulates Scotland's elite trial lawyers.

He is a member of the Westwater Stable - or group of advocates - and his professional interests include criminal trials and fatal accident inquries.

A team of investigators for the Faculty, which has 460 members, have been instructed to interview all those concerned in the case and report their findings to the disciplinary committee.

A Faculty spokesman said yesterday: "It is not our policy to discuss whether or not a member of the faculty is the subject of disciplinary proceedings."

A Strathclyde Police spokesman confirmed that a report had been submitted to the procurator fiscal last year over an allegation of indecent assault indecent assault

A Crown Office spokesman said: "The fiscal received a report from police last year regarding an allegation of indecent assault but decided not to proceed with the case."

When approached at his Edinburgh flat, Anderson refused to comment.

Anonymous said...

For any circumstances requiring arbitration all parties involved will require to have confidence in the arbitrators.I think we can safely say the Scottish version of arbitration is not very inspiring and as you say should be avoided at all costs and shunned like Mr MacAskill's 'bring your litigation to Scotland' failure.

Anonymous said...

Everytime I see a report like the one you posted from Nimmo Smith I know there's just got to be a cover up on the go.
As for arbitration in Scotland well because its being run by the lawyers it'll be just as corrupt as the rest of the justice system.Thanks for exposing it!

Anonymous said...

I agree.You just have to look at what the Law Society President said himself "At the request of our members, the Society campaigned for new arbitration laws and was actively involved in the passage of the Arbitration (Scotland) Act 2010 through the Scottish Parliament."

The Law Society in an effort to drum up a new & carefully controlled business had the Scottish Parliament pass a new law to give them what they wanted.

Anyone silly enough to deal with these people after being forewarned with such detail as appears on this blog deserves to be ripped off.

Keep up the good work Mr Cherbi.

Anonymous said...

After RBS & HBOS Scotland has no place on trust in finance arbitration or justice and thats the fault of all these idiot bankers & lawyers who your politicians constantly cosy up to

Anonymous said...

As the man says if you want decent arbitration you better look outside Scotland and check who insures whoever you end up dealing with.

Anonymous said...

I think people are getting the general thrust of their comments correct with regard to the involvement of Marsh.If all parties are insured by the same insurer it is something anyone with common sense will avoid.

Anonymous said...

Mediation by the SLCC is a friggin joke trust me my brother has been locked into this for months and getting nowhere fast its a pity he hasnt read your blog you should advertise it as much as possible I have sent him copies of this and more so he knows what he is up against thanks again

Anonymous said...

All this arbitration seems to be catching on.Jane Irvine and Eileen Masterman are also involved in arbitration it must be a HUGE MONEY SPINNER for the Law Society to CORNER THE MARKET AS USUAL

Anonymous said...

Another MacAskill failure!

Anonymous said...

If I had a legal problem Peter I would not know who to turn to. I could never trust a self regulator, they educated me once in their corrupt ways, and I will never trust anyone who is a member of a so called professional union.

I have to trust doctors because like everyone else I can become ill but that is as far as it goes.

Peter Cherbi said...

Thanks for all your comments & emails on this article.

I think its safe to say anyone who is being coerced or even forced into arbitration or mediation should think the whole thing through first before they agree to it and ensure full knowledge of those doing the arbitrating and where their own interests lie as the situation currently in Scottish arbitration is very far from clear cut or fair ...

If anyone has any problems with a case already gone to mediation involving legal disputes or complaints against solicitors I would be pleased to hear more about what goes on ...

Anonymous said...

A HIGH-FLYING lawyer has been accused of sexually assaulting a male solicitor at a legal function.
---------------------------------
I thought lawyers only screwed clients.

Does Scotland have one honest lawyer? said...

It seems honesty is beyond the judiciary, dealing with this lot would be like sitting in a field full of lions, only a matter of time before you are torn limb from limb.

Anonymous said...

Sound words of advice from one of the best authorities on Scottish legal issues.Beware arbitration as much as a crooked lawyer because it turns out the lawyers created the whole thing!

Keep up the good work Peter and keep us all aware of these schemes and cons thrown at us by the Law Society and friends!

DEMOCRACY OR LEGAL DICTATORSHIP? said...

http://www.thelawyer.com/law-soc-moots-class-action-against-solicitors-from-hell-website/1007902.article#commentsubmitted

Law Soc moots class action against Solicitors from Hell website.

There are more than 1,000 posts about lawyers on solicitorsfromhell. Rick Kordowski started the site after proving to the law Society that two lawyers, one acting for him and one against, colluded to defraud him of his home, his business and over £100,000. He was awarded £500 compensation. He cannot therefore afford representation. He is not the best litigant in person. However, less than twenty lawyers have challenged their postings, with the shallow claim that they won't get their costs back. If they had genuine claims to be removed they would stomach the £10,000 costs. Rick Kordowski is learning, however, (albeit perhaps slowly) and this class action is a disgusting attempt by a crooked legal profession to close him down before he gets to the Appeal stage. In his case against Awdry, Bailey and Douglas/Bressington vs solicitorsfromhell, the applicants did not prosecute the source, only the publisher, despite threats to do so, and succeeded in a late application to waive the initial interim hearing when they saw the weak defence papers prepared by Kordowski. They then tried to block late submission of papers by the defendant. Very fishy, just what were they worried about? Another twist......Bressington, the lawyer complained of, sits on the SRA, and this is one of the Appeals that is taking a long time to be dealt with.

Anonymous said...

He continued : “I wondered why this sudden rush after my own lawyers worked on my case for three years and said I had a good chance of winning. After I found out the Law Society of Scotland were involved in the arbitration scheme and that it has something to do with the Master Policy insurers who are the defenders in my court action, I asked my lawyer who very reluctantly confirmed the facts. He admitted they were all tied up with the same insurers.
================================
They deal with occupational injury the same way, employer insured by the same company as the lawyers and doctors who provide the cover up.

There is no health and safety at work for non visible injuries, the lawyers and doctors get round it by covering everything up which benefits the Law society master policy insurers Royal Sun Alliance. In truth these lawyers and doctors are polished liars without pity, simply evil. Trust no lawyer, arbitrator or MSP they are all in it for themselves.

The Law Society are a criminal gang allowing their members to represent clients when those representants are there to protect the socoeties insurers, it is a scandal, a litigation scam. They want to shut down websites because THOSE THICK CLIENTS ARE CATCHING ON, THE WEBSITES EXPOSE THE DIRT THESE PROFESSIONS ARE. EVIL SCUM TRUST NONE OF THEM A SCOTTISH MAFIA.

Anonymous said...

I would rather drink a pint of cyanide than go to a lawyer. The latter kill slowly. A profession who take clients cases when they know the client will be seeking damages against the lawyers insurers prove one fact, it is about money, lawyers are pushing injustice for financial gain. Lawyers know the client will never get to court, lawyers will take as much money as they can from the client, legal aid or both and kill off the clients claim.

They the client finds out about the scam, reports the lawyer to the SLCC or Law Society ahd hey presto, an automatic cover up. Lawyers do not provide justice for clients, the latter are abused for money.

I will tell you lawyers one thing you are educators alright, and we pass your brutal lessons to others to save them from an evil scourge called the Scottish Judiciary.

Yes Macaskill, a client claiming against an insurer who happens to insure all lawyers, we owe lawyers a great debt I dont think.

Anonymous said...

Well done for bursting the bubble on this little episode.A con if ever there was one.

Anonymous said...

The latest ruling delivered by Henrique J last month stated: “The time has surely arrived for the Law Society and Bar Council to consider some effective response to the conduct complained of in this case and other similar cases.

“No doubt the legal profession does, on occasion, fail those who seek its services. However, many conscientious and highly reputable firms and individuals have found themselves as objects of offensive abuse and defamatory publication at the behest of disappointed litigants.”

Responding, Wilberforce Chambers’ Nikki Singla, who represented the claimant, Thames Valley firm Gabbitas Robins Solicitors and partner Stephen Robins, wrote to the Law Society and Bar Council to request their considered response.

Today, the Law Society confirmed that it had taken legal advice in relation to two cases it wants to pursue against Kordowski.

It said: “The litigation will involve two claims run together. The first would be an action for those already listed on the website, which could be brought by one or more of them on behalf of all the others.

“The second would be an action brought by the Law Society on behalf of all solicitors not currently on the website, but who could easily end up on there. Our solicitors will be writing to all firms on the website very shortly to explain in more detail.”

Matrix Chambers’ Tomlinson, the barrister who has acted in several high-profile super-injunction cases in recent months, has been consulted on the action.

Kordowski has so far sought to use a fair comment defence to rebuff claims, but this has not appealed to the judges sitting on the cases.

In April Mr Justice Tugendhat, who oversaw a separate defamation claim against Kordowksi, said the defendant had abused court process by “seeking to cause the claimants to incur costs which he says they have no prospect of recovering from himself” (5 April 2011).

According to his website a £299 fee provides “an escape route” for lawyers listed on the site and “encourages them not to spend the £30,000 it frequently costs to pursue a libel claim against Kordowski, who is the publisher of, but not the source of, the criticism listed”.

Kordowski said the Law Society’s legal threat was an attempt to “stifle criticisms of solicitors”.

He added: “The Law Society have also made allegations of ‘blackmail’. This is denied.

“There are many ways to have a complaint removed from Solicitors from Hell. The preferred way would be for the solicitor to make amends with the author. The solicitor can communicate with me and exonerate themselves with evidence.

“The solicitor is offered a mediation service where I add my suggestions or observations to each party. All of these methods are without charge and have resulted with many published complaints being removed.

“Another is the solicitor can sue me, or simply take it on the chin and do nothing.

“Many firms and senior partners who have signed up to my ‘Administration & Monitoring’ service have said (in writing) it is a good idea and are more than pleased to pay the reasonable cost in return for copies of subsequent submissions, so they can perhaps learn from client comments.”

In a statement the Bar Council said: “We remain very concerned by the allegations made on site. We contacted the Metropolitan Police last year to bring the site to its attention, particularly the levy of a ‘removal charge’ for false allegations to be withdrawn from the site.

“We were advised by the Police that the CPS would not bring a prosecution, and in any event it was not necessary because successful civil actions had been brought against Mr Kordowski. We’ve been advised by the Metropolitan Police that members of the bar who wish to pursue a complaint against the site should seek a civil remedy. We’re advising our members accordingly.”

Anonymous said...

Well Peter these lawyers may think clients are uneducated but they are wrong. The websites I read are a revelation into criminals masquerading as respectibility. How can we get our heads around the mentallity of people who believe it is their right to abuse the public for profit.

They are evil as far as I am concerned, mendacious leeches without values. Great blog.

Anonymous said...

I wonder what Douglas Mill would want to do if he was not a lawyer but was ruined by one. These people can have all the backing of MSP's but one thing they cannot control is trust.

One website I put complaints about a law firm on now has 16,000 hits, 16,000 people assuming they are not some lawyers among them now know to avoid the firm I named. Lawyers want naming and shaming killed off because it is affecting business. Well lawyers now you have a small spoonful of your own vile medicine. Your decisions have a devastating profound affect on peoples lives and one thing about the human condition is this, you will only change your ways when clients avoid you, you have to suffer the consequences of your actions.

I have suffered the consequences of trusting a lawyer so my kids get told daily, lawyers will steal your money, cover up your injuries at work, so I know my three will not trust lawyers when they grow up. I sleep easier knowing this, and I tell my friends and colleagues too. The clients only insurance against the Master Policy is to avoid the rats it is there to protect, lawyers.

Anonymous said...

http://www.nameandshamescotland.co.uk/index.html

Name and Shame Scotland is a website set up to try and improve the services of professional bodies in Scotland.

If you have encountered a rogue Doctor, Politician etcetera, you will no doubt know there is practically nothing you can do to expose these people.
================================
Yes and MacAskill states the Law society is a professional organisation exempt from FOI laws.


The name and shaming industry is growing in response to serious injustice BY THE ESTABLISHMENT. I do not vote any more MacAskill because voting with change nothing, clients need to do this for themselves. All of you lawyers are in bed with insurance companies and protect each other. The Master Policy being the best in consumer protection is a lie, if lawyers clients were protected websites would not need to wxpose you all for the criminals you are. Your rules on justice MacAskill change when your profession come into the spotlight. Salmond is a traitor.

Anonymous said...

Mr MacAskill as justice minister is of course right to talk about justice but his own lot are exempt, the gods controlled by the Law Society of Scotland can do no wrong.

Only a fool would consider the man to have any credibility.

Anonymous said...

“I wondered why this sudden rush after my own lawyers worked on my case for three years and said I had a good chance of winning. After I found out the Law Society of Scotland were involved in the arbitration scheme and that it has something to do with the Master Policy insurers who are the defenders in my court action, I asked my lawyer who very reluctantly confirmed the facts. He admitted they were all tied up with the same insurers. I will be staying well away from this so-called arbitration, thanks.”

THE SIMPLE FACTS ARE THAT THESE PEOPLE ARE CRIMINALS, THE SET UP MEANS THE CLIENT CANNOT WIN. THESE PEOPLE WONDER WHY THE PUBLIC DISTRUST LAWYERS. I CANNOT INSURE MY NEIBOURS PROPERTY AGAINST FIRE DAMAGE FOR A GOOD REASON, AND LAWYERS CLIENTS CANNOT WIN FOR THE SAME REASON. IT IS A SCANDAL AND EVIDENCE OF HOW CORRUPT LAWYERS ARE TO MAKE MONEY OUT OF CLIENTS WHO'S CASES THEY ARE DESTROYING. THEY ARE NOT REPRESENTING US THEY ARE USING US TO MAKE MONEY, A COHORT OF CORRUPT SCUMBAGS.

Lawyers are liars said...

Self regulation a rich rewarding means of obtaining clients assets because the scum who are protected by it are benefiting from it. But their collective reputations are heading for the gutter.

Some business model, steal and ruin people and the Douglas Mill's of the legal world protect the thief. They are all thiefs, portraying to be respectable.

Anonymous said...

My house is being destroyed by neighbours and scottish water and argyll and bute councel.

I sued golds of Glasgow and a partner in that firm told me thats the case was nonesense and should be overturned. David Clapham Solicitor and Tempotary Sheriff does not want to contact the court?????

My Insurance Company can cover me for deliberate and melicious damage buy third parties.

I have been told by the Scottish Gov. that I should mediate....that cost £4000.00 and the vandals did not follow through.

I keep getting served with notices by the council whilst they continue to floof my house....

cjraeburn40@yahoo.ca

this one is a cracker....