Monday, April 27, 2020

CASH ADVOCATE: £9K consultations & £75K meetings - Edinburgh Quaich Project Charity QC Boss scammed clients on no-win-no-fee deal - Faculty of Advocates files reveal extent of Advocates cash-for-fees HMRC tax dodge scam

John Campbell no fee no win court deal was turned against client. A TOP QC recently appointed to head an Edinburgh Charity £25million scheme redeveloping Princes St Gardens – is at the centre of calls for a tax probe - after newly released files reveal he used the Faculty of Advocates to demand huge fees - on a case he originally agreed to work on a no-win-no-fee basis.

Documents recovered from Faculty Services Ltd reveal John Campbell QC – of Themis Advocates - demanded payments of well over £100,000 - for a land contamination claim – contrary to an earlier agreement Campbell made with his clients where the fee would ONLY be taken from any settlement upon success in the Court of Session case.

However - the £6million claim led by John Campbell QC - ended badly after a series of undeclared conflicts of interest by some of Scotland’s most senior judicial figures, instances where judges were switched from hearing to hearing, denial of legal costs claims & denied appeals.

Campbell then effectively destroyed his own client’s case - by removing most of the financial claims without consultation or permission to do so.

Now - there are now calls for a full investigation by tax authorities of all transactions involving Scottish Advocates - after new evidence indicates fee documents from the Faculty of Advocates were altered - to cover up a series of undeclared cash payments Campbell demanded from his clients.

In one of a series of Faculty Services statements - files reveal John Campbell demanded £75,000 for ‘unspecified’ meetings on the case he had already agreed to work on the no-win-no-fee arrangement in Nolan v Advance Construction Scotland Ltd [2014] CSOH 4 CA132/11.

In another entry on the same statement - the senior Campbell QC - sometimes described as a ‘leading Scots legal figure’ - demands a staggering £9,000 for ONE single consultation.

Campbell also inserts a demand for £33,360 for ‘reviewing productions’ and preparing his fee – even though he had already agreed there would be NO fee if he didn’t win the case.

Another £6,300 is then charged up by Campbell for a further review of papers and ‘preparation of case’.

Given the outcome of the case, and what has since happened to Campbell’s clients as a result of his role as their legal representative - the fee statements appear to contravene the no-win-no-fee deal agreement between John Campbell and his clients.

And - in digital evidence now held by journalists, Campbell states the payments he pocketed from clients despite the no win no fee deal - include work undertaken by his Junior Counsel Craig Murray.

Craig Murray now works as a barrister in London at 12 King's Bench Walk Chambers - and maintains a seat at Compass Chambers in Edinburgh.

A full report on Craig Murray’s involvement in the case, and his role in writing two versions of evidence to legal regulators can be found here: ADVOCATE PROBE: How legal regulators covered up for top QC - Files show Scots Advocate now working as Barrister in London – authored two versions of SAME letter for Faculty probe of cash scandal QC who failed clients in £6M Court of Session case

It should be noted - despite accounts from Campbell and the Faculty of Advocates demanding hundreds of thousands of pounds from Mr Campbell’s clients - on a case Campbell himself destroyed in court – both John Campbell QC and Craig Murray have now DELETED all references to the Nolan v Advance Construction (Scotland) Ltd case from their online biographies documenting their respective legal careers.

A study of additional statements from Faculty Services Ltd currently being undertaken by a law accountant – highlights references in the newly released files to ‘undated’ sums, and credit notes for payments which were in fact – never made.

In one credit note from Faculty Services Ltd - the sum of £5000 - without any date reference is stated as paid.

However, a solicitor dealing directly with the case DENIED the undated £5,000 amount had been paid to Faculty Services Ltd - and a review of the accounts confirm NO such payment was ever made.

The undated £5K credit note listed in the documents – and other unexplained entries - appear to have been created by Faculty Services Ltd with a deliberate intention to conceal tens of thousands of pounds in undeclared cash payments Campbell demanded from his clients.

The fee statements & accounts from Faculty Services Ltd now raise serious questions of how far up the involvement of figures in the Faculty of Advocates in this case stretches - after an earlier investigation established Campbell was pocketing large payments he personally insisted on collecting in cash filled envelopes from his clients in £5,000 bundles.

Written evidence recovered from files held by legal regulators revealed Campbell himself sent emails to his clients - demanding large payments in cash to pay himself and junior counsel Craig Murray.

An email from John Campbell to his clients revealed Campbell demanded £5,000 in cash - while he was on the way to a meeting at Airdrie Sheriff Court followed by a dinner with the Law Society of Scotland.

The email from Campbell states: “A little better information about timing. I am due in Airdrie at 4.30. The meeting is in the Sheriff Court, which closes at 6.30. The Law Society is taking me and a colleague for dinner, but I have no idera where. There isn't a huge number of restaurants in Airdrie, but we'll find somewhere. This means I won't be at Bonkle Road until about 8. Is that OK?”

“I have asked JC [John Carruthers] for a breakdown of the £5000. I will explain to you how a spec case works. I have checked; both John and I are willing to take on a spec case for Donal, but only if he signs up to it. There will be two conditions; one is that you keep the Edinburgh agent fed and watered, and the second is the size of the uplift at the end of the day, as I explained to you.”

A Sunday Mail investigation into the case established John Campbell sent multiple emails to clients – in some cases, demanding cash “in any form except beads” to pay for legal services.

An additional email from John Campbell QC to his client stated: “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?”

Campbell then collected the cash in envelopes - in locations such as restaurants, a garage specialising in servicing Bentley cars, and on land at Branchal in Wishaw.

John Campbell has refused to make any statement to the media on the written evidence published in the media of his demands for undeclared cash payments from clients.

Commenting on Campbell’s emails and some of the Faculty Services fee statements, a Criminal Defence solicitor who did not wish to be named – claimed the practice of QCs and Advocates demanding fee top ups in cash is widespread and needs to be looked at.

In one case quoted by a legal source, a senior member of the Faculty of Advocates who recently appeared in the news - is alleged to have demanded a six figure sum in cash from an accused person to ensure a non-custodial sentence in a criminal prosecution.

The legal source who provided the information said “Given the seniority of the accused’s legal representation it is difficult to believe others in court were not involved in the cash for freedom deal.”

In another case of a similar nature, an accused person refused to pay a similar sum of cash demanded by a high profile QC who also guaranteed a non-custodial sentence. The accused person went on to receive a custodial sentence after being found guilty at a criminal trial.

The rules on how payments to Advocates and Queens Counsel are collected from clients by Faculty Services Ltd –  the fees collection arm of the Faculty of Advocates which is currently chaired by Geoff Clarke QC - are very clear.

Section 9.9 of the Faculty of Advocates 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.”

CASE BROKE ALL JUDICIAL CONFLICT OF INTEREST RULES:

Nolan v Advance Construction Scotland Ltd [2014] CSOH 4 CA132/11 is the same case which exposed serious conflicts of interest in Scotland’s judiciary – notably where Lord Malcolm (Colin Campbell QC) failed to disclose on multiple occasions - the fact Lord Malcolm’s son – Ewen Campell - represented the defenders in the same court.

The investigation into the Lord Malcolm case of serious failures to declare conflicts of interest, is reported in further detail here: CONFLICT OF INTEREST: 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.

It is also worth noting the Nolan v Advance (Scotland) Ltd case drew in a series of sheriffs and judges – from not easily explained hearings at Hamilton Sheriff Court involving Sheriff Millar, Peter Watson & Levy & Mcrae – and Lord Malcolm’s son – Ewen Campbell – to Court of Session judges including Lord Brodie, Lord Menzies, Lord Woolman, Lord Bracadale (and a concealed recusal) and Lord Hodge – who later prevented the case being appealed to the UK Supreme Court without declaring he had already ruled on the case while in Edinburgh on multiple occasions.

A full report on Lord Hodge, his undeclared conflicts of interest and his role in denying an appeal to the UK Supreme Court can be found here: CONFLICT OF JUSTICE: Deputy President of UK Supreme Court Lord Hodge blocked appeal to UKSC on damages case he previously heard 16 times – where fellow judge Lord Malcolm failed to declare his own son represented defenders in same court

An earlier investigation of this case revealed that when Lord Woolman stated in court papers that Mr Nolan had a case, John Campbell QC removed – without instruction – most of his client’s own case including over £4million and a claim for legal costs – after he had discussions with the current vice dean of the Faculty of Advocates – Roddy Dunlop QC.

A full report on how John Campbell QC reduced his own client’s financial claim almost to zero and without any instruction or consultation - can be found here: CASHBACK QC: Legal regulator’s files reveal senior QC reduced claim without instructions, withheld key evidence & witnesses including Cabinet Secretary from Court of Session case

Roderick William Dunlop QC of Axiom Advocates along with Lord Malcolm’s son who is now at the same Advocates Stables as Dunlop – Ewen Campbell of Axiom Advocates - and Peter Watson – now formerly of Glasgow based Levy & Mcrae - represented Advance Construction (Scotland) Ltd.

At the time – Peter Watson was a member of Scotland’s judiciary – and held various positions and directorships in relation to a hedge fund run by Greg King.

However – Peter Watson’s involvement in the collapsed £400million Heather Capital Hedge fund was beginning to trickle out into the media - and in 2015 after questions were put to Scotland’s top judge by the Scottish Sun newspaper - Lord Brian Gill suspended Peter Watson from sitting as a judge “to maintain public confidence in the judiciary”.

A full report on Watson’s suspension from the judicial bench can be found here: CAPITAL JUDGE: As top judge suspends sheriff over £28m law firm writ alleging links to £400m Heather Capital collapse, what now for Lord Gill’s battle against a register of interests & transparency for Scotland’s judiciary

Watson’s suspension as a judge lasted for over three years – a record term of suspension of a member of Scotland’s judiciary and ended with Watson’s resignation in 2019, reported in further detail here: SHERIFF WALKS: Scottish Courts confirm lawyer & part-time Sheriff Peter Watson - who was named in £28M Heather Capital writ linked to collapsed £400M hedge fund – resigned from the judiciary in 2018

JOHN CAMPBELL QC & THE EDINBURGH CHARITY PROJECT:

Recently, and in a blaze of public relations, John Campbell QC was appointed as Chairman of The Ross Development Trust - a charity created to lead a redesign of West Princes Street Gardens in Edinburgh.

However, Campbell’s appointment as Chairman of the project comes amid a scandal where big businesses, vested interests and wealthy donors were promised access to high-profile celebrities, international publicity at VIP events tickets for high-profile concerts, exclusive drinks parties and dinners under a secret fundraising drive by the Quaich Project – which Campbell now chairs.

Leaked details published last month by the media suggest corporate backers will be able to advertise their brands all across the redeveloped Princes Street gardens and the new amphitheatre which will replace the current Ross Bandstand.

Campbell’s reaction to the publication was an aggressive response, attacking critics of the public-private partnership project for “scaremongering” over “completely untrue” claims that it would lead to over-commercialisation and privatisation of the gardens.

It was reported in the media that John Campbell insisted there was “absolutely no evidence” to support claims that Princes Street gardens would be turned into a “private playground” reserved for wealthy donors and for commercial companies – yet the documents detailing the funding drive & secret promise of sponsorship to big business and vested interests - are now widely circulating in the public domain after being leaked to the press.

Eerily - the plan to redevelop Princes Street Gardens – dubbed the ‘Quaich project’- is developing a similar theme to how parts of the Court of Session ended up in the ownership of the Faculty of Advocates, after legal figures targeted the Laigh Hall complex, claiming ownership of the hall via a series of dubious titles and a lobbying campaign to take possession of the court buildings.

The Laigh Hall scandal resulted in a secretive deal after a bitter campaign by the Faculty of Advocates to usurp possession of parts of the Court of Session building for their ownership, adding it to their asset portfolio under a trust chaired by Court of Session judge Lord Brailsford.

The Scottish Government eventually caved in and  ‘gifted’ parts of the Court of Session to the Faculty of Advocates – even though the building belonged to the City of Edinburgh Council.

A full report on what happened to the Laigh Hall – which now hosts many exclusive events for lawyers & their businesses, and the transfer of ownership to the Faculty of Advocates can be found here: WOLFFE HALL: Edinburgh Council racks up £53K legal bill in failed bid to recover ownership of Parliament House - as papers reveal Faculty of Advocates “occupied” Laigh Hall for 150 years without recorded title deeds

Campbell is also a Trustee of the Scottish Historic Buildings Trust, and of Planning Aid Scotland, and an Honorary Fellow of the Royal Incorporation of Architects in Scotland (RIAS)

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 reported on the development & political backing in an investigation, here: MSP brands legal watchdog a 'toothless waste of time' after top QC avoids censure over cash payments

The Sunday Mail’s original Investigation and report on John Campbell QC and his cash demands from clients can be found here:

'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.”

JOHN CAMPBELL QC BIOGRAPHY:

During the span of his legal representation provided in Nolan v Advance Construction (Scotland) Ltd, John Campell was based at the former Hasties Stables of Advocates, which rebranded themselves earlier this year as Themis Advocates.

The rebrand of Hasties Stables after Advocates in the former Hastie Stable announced they were to re-emerge under the new brand of Themis Advocates – on the appointment of new senior clerk Kiera Johnston who will work alongside depute clerks Sara Mauriello and Liz Archibald.

Sitting alongside John D. Campbell QC in Themis Advocates are members of Scotland’s judiciary – including Mungo Bovey QC – who has sat as a part time Sheriff since 2009.

Themis Advocates describe themselves in the following terms: “Themis Advocates is a generalist stable, of which our advocates cover all areas of the law well. Within the stable, solicitors can find counsel able to handle a very broad range of inquiries, both in the range of subject matter and in the nature of the task requiring to be undertaken. We can provide competent advocates at all levels for any item of work. For ease of use we have arranged the Areas of Practice under the headings listed on the left. Click on any one of these headings for a breakdown of specialist topics within that heading.”

Alongside John Campbell QC at Themis Advocates are the following QCs: Mungo Bovey QC ;Andrew Brown QC ; Laura Dunlop QC ; Bruce Erroch QC ; Leo Hofford QC, FCIArb ; Kirsty Hood QC Gavin MacColl QC ; Alan McLean QC, FCIArb ; Brian Napier QC ; Steven Walker QC ; Andrew Webster QC

Juniors at Themis called for over seven years include the following: David F Ballantyne ; Mike Bell Joe Bryce  Alan Caskie  Maria Clarke  Gerry Coll  Donald Davidson  Andrew Devlin  Kenneth Forrest  Robert Frazer  Kenny Gibson  Alasdair Hardman  Ewan Hawthorn  Graeme Henderson  Jeya Irvine  David Leighton  Catherine MacColl  David McLean  Fintan McShane  John Moir  Ross Pilkington  Chris Pirie  Michael Upton

Juniors at Themis called for under seven years include the following: Tracey Brown  Andrew Crawford  Michael Dempsey  Tim Haddow  Chris Jones  Ann MacNeill  Julie McKinlay  Graham Middleton  Safeena Rashid  Katerina Stein

John Campbell also maintains a role at Trinity Chambers in England, alongside: Toby Hedworth Q.C.   John Campbell Q.C.  Andrew Stafford Q.C.  Francis FitzGibbon Q.C.   Nicholas Stonor Q.C.   Caroline Goodwin Q.C.

Barristers at Trinity Chambers can be found here: Trinity Chambers - Barristers a-z

The Trinity Chambers website describes their practice in the following terms: Trinity Chambers is proud of its reputation as being one of the leading sets of barristers’ chambers in the North of England, endorsed by the Chambers and Partners and Legal 500 Directories - "Trinity Chambers' ‘expertise, professionalism and empathy are second to none’", the "extremely efficient" clerks are "always keen to assist" Legal 500 2019, ‘One of the most renowned sets in the North East for good reason’ Legal 500 2020.

This is a reputation we have won by investing in staff, services and facilities, by implementing a robust administration and clerking structure, and, crucially, by supplying high quality legal advice and advocacy.

Trinity were the first chambers north of London, and only the fourth in the country, to be awarded the General Council of the Bar’s BarMark which is an annual review of all aspects of practice management, client care and regulatory compliance as assessed and reported upon by the British Standards Institution.

We were the first BarMark chambers in the country to be awarded Investors in People. Trinity were among the first six chambers to be awarded the Legal Services Commission’s Quality Mark. Since our establishment in 1954, we have consistently grown so that we now offer a broad spectrum of specialisation, expertise and experience, with consistently high quality across the board.

John Campbell QC Trinity Chambers Biography

John Campbell Q.C. CASES – with no reference to his role in Nolan v Advance Constuction (Scotland) Ltd:

About 200 windfarm and other planning cases at Committee, in writing, on appeal to Inspectors and Reporters, and on Appeal and Judicial Review in Scotland, Cumbria, Northumberland, East Yorkshire, North Wales, West Wales, and Norfolk; Avich & Kilchrenan Community Council – appearance before UN Economic Committee for Europe’s Åarhus Convention Compliance Committee, Geneva, Switzerland; Beauly to Denny OHL Inquiry – major power line inquiry from Beauly (Inverness-shire) to Denny (Stirlingshire); Bilfinger Berger Siemens CAF Joint Venture - training for Edinburgh Trams Mediation; Coastal Regeneration Alliance – Community Right to Buy under Land reform (S) Act 2003 – wrongful refusal to register lawful interest by Scottish Ministers; David Bines v CNES – [2010] Otter control at a fish farm; Gloag v Perth and Kinross Council and The Ramblers Association – right to roam – right to erect a fence with out planning permission; Gordon & Macphail v The Moray Council – Land Tribunal Valuation dispute for loss of use of a spring feeding a malt whisky distillery; Gordons Trustees – landlord’s resistance to an informally created agricultural tenancy; Grantown on Spey Caravan Park – Certificate of Lawful Use and Development against Planning Authority; success and costs awarded; HMA: v Hyslop – farmer carrying shotgun and allegedly threatening ‘lampers’ on his own ground – unanimous acquittal; HMA v Reid – shaken baby death; ICE v Addison – professional body wrongfully expelling Chartered Engineer; Laird v Scottish Borders Council – Planning consent invalidated for ambiguity; Lidl Stores – Nine public inquiries for new stores; Macaskill Stornoway [2009] Lorry noise nuisance case; Mearns Residents Association – flooding – correct interpretation of Council’s obligations to regulate housing permissions; Nairn v Fife Council [2008] Listed Buildings and ransom strip at large Country House; Newton Mearns Residents Association [2014] CSOH – flooding issues, Protective Expenses Order; Packard v Scottish Ministers [2012] – judicial review of windfarm Planning decision – bias and pre-determination by Scottish Ministers alleged; Parry v Highland Council – Contested certificate of lawful use for a fish farm; Pentland-Clark v Maclehose and Others – [2013] 10 year long Will dispute; Pirie and another v NEC – unlawful contract termination of TV distributor’s agreements; Q-Park – Access through designated bridge Airspace valuation; RIAS v Mays – unlawful expulsion of architect from membership of professional body – compensation; S and others – prolonged family dispute among four brothers following sale of a waste recovery business; Scott v McTear – auction house denying liability for compensation after burglary; TMSL v Rannoch Club – unlawful contract termination – compensation; Scottish Parliament Inquiry – 2004 – Inquiry into overspend on the Scottish Parliament Building; Trump International v Scottish Ministers UKSC [2015] judicial review of decision about the correct interpretation of a term in Electricity Act 1989;William Grant & Sons, Distillers [2013] – judicial review of Planning Decision; Wilson v Morton Fraser – Solicitors negligence claim, contested valuation of loss of profit

APPOINTMENTS: Member of the Scottish Bar since 1981, QC Scotland since 1998 ;Member, Dispute Review Board, Mersey Gateway Crossing 2015-

LECTURES & SEMINARS: Regularly gives talks on Planning law and Arbitration to solicitors, local authority staff, students, clients and others and has written a number of articles on Listed Buildings and Built and Natural Heritage issues

EDUCATION: LLB Edinburgh 1972

ADDITIONAL INFORMATION: John Campbell is a Scottish Queen’s Counsel, qualified to practice throughout the UK.

He graduated from Edinburgh University in 1972, and worked as a solicitor in Scotland until 1978. He was appointed as an Assistant Director of Legal Aid in Hong Kong where he worked in a range of public service legal jobs until appointed a Magistrate in 1980. He returned to Scotland in 1981.He passed Advocate that year, was called to Lincolns Inn in 1990, and took silk in 1998. He was a member of 40 King Street Chambers in Manchester throughout the 1990s.

He has worked in Family Law, both claimant and defendant Personal Injury and industrial disease work, and much earlier, in Crime. He has acquired a lot of agricultural experience, particularly for estates, farms and tenants and in landlord and tenant issues, and has worked widely in promoting arbitration and mediation for farmers, and in rent reviews both in Scotland and around the world. He has been a registered Construction Adjudicator and is currently a Member of a DRB.

He has worked in Town and Country Planning since the mid 1990s and has developed that speciality to include Environmental Law and some Construction Law. He is particularly active in Renewable Energy work on behalf of communities, NGOs, third parties, developers and councils.

His practice today is mainly in Planning and Environmental Law, property and land law, and agriculture and energy work, and he has a specialised practice in all kinds of ADR work and its promotion. He has carried out about 200 public inquiries and a number of related judicial reviews. Outside the law, he is Chairman of Scotland’s largest Building Preservation Trust, and of a University Research Advisory Board.

DO you have a complaint or case where a QC or Advocate has not provided fair legal services? What are your experiences of dealing with the Faculty of Advocates?

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

37 comments:

Anonymous said...

No win no fee deals in the UK/Scotland are up there with the most corrupt practice in the legal profession.
I know of many gone sour in the same way you published on Campbell however falsifying accounts to cover up cash in hand is fraud and anyone doing this in the profession should be immediately struck off not made head of an Edinburgh charity!

Anonymous said...

Watch as Campbell and Edinburgh Council turn the Quaick Project into the Quack Project and when it ends up bankrupt Campbell's chums in the Faculty of Advocates will swoop in and take ownership as they did with the Laigh Hall.
Thanks for this one Peter a very thorough article.

Anonymous said...

This is explosive stuff.

Scotland's legal system is akin to a nest of vipers.

Everywhere you look is fraud, deceit and cutting deals to ditch cases for a cash bung.

For a country to be considered democratic, it requires a fair and true legal system with checks and balances in place to protect the vulnerable.

Scotland is a morally bereft failed state where there is no rule of law and all of the Scottish legal vampires are draining the life-blood from the country for the sake of cash and kicks.

The light switch has already been switched-off and the evil demons are enjoying a feeding-frenzy in the darkness.

Anonymous said...

This may be prima facie evidence that the Scottish Legal Complaints Commission (SLCC) and Faculty Services are parties to a racket to defraud clients in a perfected system whereby the criminals know they are above the law.

What has our country come to when this wanton criminality is perpetrated in plain site.

They are taking the mickey and laughing in our faces

Anonymous said...

Neat trick sending out undated credit notes to cover Campbell's cash payoffs
I trust the Inland Revenue will be calling at his door and the Faculty of Advocates very soon

Anonymous said...

Ash Denham was appointed SNP Minister for Community Safety in June 2018 and is responsible for Access to Justice.

You are having a laugh.

Not so much asleep on the job, more like in-coohoots with the criminals.

This is all on Ash Denham's watch.

Ash Denham, very appropriate name, as your career just got burned-to-a-crisp.

Literally, anyone off-the-street would do a better job.

It must be true that she's got pins & needles in both hands because she has been sitting on them for so long, sucking up to her masters at the Law Society of Scotland.

We don't need gate-keepers.

We need someone with a pair of balls to act in the interests of the electorate, instead of protecting vested criminal interests.

Anonymous said...

Equally concerning are the arrangements he insists on in those emails to feed and water his legal team while badgering the client(s) into signing up to a speculative fee agreement.
This is dishonesty from the evidence presented and Campbell, Murray should be struck off.

Anonymous said...

What lawyer is worth £9,000 for a consultation?Campbell must have been making it up as he went along and then probably dumped his clients right in it.What a nasty lot!

Anonymous said...

Looks like Campbell has been caught playing Scottish Lawyers Monopoly.

Time to go to jail.

Do not pass GO.

Do not collect £200,000 in brown paper envelopes

Anonymous said...

I had wondered if the Quaich project was a front for private business and some deal to sell off west Princes Street Gardens however reading your links to Campbell and the Faculty re their role in the Laigh Hall fiasco I now believe this to be a similar case.

Time to get a campaign up to stop these rogues taking our city.
Thanks again Peter Cherbi I read all your work and the reports from Andy Wightman on the Court of Session titles I believe we have a fight on our hands to protect the gardens from the Faculty of Advocates.

Anonymous said...

75 grand on a meeting the faculty of advocates scammers are worse than robbers everyone should wise up and avoid their scams and the corrupt judges who help them win for the bad guys

Anonymous said...

Clearly Advocates pay as little attention to their own Code of Conduct as Judges do their Oath of Office - and we are told to trust both.

Who is this government kidding?

Make the Judicial register of interests law NOW!

Anonymous said...

So Faculty Services Ltd were acting as the 'go-between', this obviously goes a lot deeper than a few 'bad apples'.

Anonymous said...

Ash Denham - the Lawyers Friend - at;

https://blogs.gov.scot/justice-safety/2020/03/25/letter-from-minister-for-community-safety-ash-denham-to-legal-profession/

Anonymous said...

Faculty do no like to see their accounts in print.
How much of this material do you have/intend to publish ?

Diary of Injustice said...

@ 27 April 2020 at 16:12

In Scotland particularly, the establishment reward toe corrupt and take them into their pockets for a few pieces of silver.

@ 27 April 2020 at 16:38

Thanks, yes the Quaich project is of interest, especially with the emergence of links to rogue lawyers and the Faculty of Advocates.

@ 27 April 2020 at 17:07

Yet Lord Carloway stakes his reputation on the most unbelievable PR and spin that everything legal in Scotland is honest and above board ... says a lot about a 'top' judge ...

@ 27 April 2020 at 17:38

There are many similar files and issues to consider and publish as the investigation goes on. Often wonder what HMRC are doing, as undeclared cash payments to Advocates and QCs are widespread .. it was easy to spot how Faculty Services tried to conceal what appears to be money laundering by top QCs in Scotland, plenty material for HMRC to investigate - and seek massive repayments from those legal figures awash with undeclared funds and assets in all forms.

@ 27 April 2020 at 18:31

Agreed. Dishonesty is a striking off matter, both John Campbell and Craig Murray have brought the legal profession into disrepute - the public, clients and consumers should be protected from such bad apples by their removal from the legal profession.

@ 27 April 2020 at 18:44

The answer is none. Not one. About time everyone woke up - while there are some good lawyers, quite a few like to make themselves the story instead of their client's case - and then go on to rip off their clients in the certainty the Law Society of Scotland & Faculty of Advocates will give them a clean bill of health.

@ 27 April 2020 at 22:10

Am keen to learn more about the Quaich project and their secret funding deals, links to vested interests .. any information sent in will be looked at for investigation and publication.

@ 28 April 2020 at 08:37

Think of Faculty Services Ltd as a front company ... and much will follow.

@ 28 April 2020 at 14:42

Everything.

If any readers have issues with accounts from Faculty Services, QCs and Advocates, and if anyone wants to send in the material for consideration or publication, readers please do so as this is a chance for clients voices to be heard over the vested interests of the legal profession.

Anonymous said...

If you start publishing everyone's faculty services bills people might wake up to the fact Advocates and QCs are typically stab their clients in the back every time, and are not worth the cost.
In fact I could say bringing in counsel often ruins a case because first thing they do is determine how much they can fleece out of their clients and the other side before caving in or as Campbell did - backstabbing his own client in front of a judge.
Keep up the good work Peter.

Diary of Injustice said...

@ 28 April 2020 at 16:50

Thanks. I like your idea.

Clients and consumers should be made aware of the accurate costs of hiring and using Advocates and QCs rather than being hijacked after false no-win-no-fee deals by QCs and Advocates who were playing a double game against their clients all along.

Add in the fact defenders legal counsel neatly arranged it so one of their legal representatives own father who is also a judge heard and ruled on the case - clearly there is scope for transparency throughout the legal profession and not only in the judiciary.

There should be a requirement on the legal profession including solicitors to publish all costs of hiring, accurate cost examples with proof of cases they have previously taken to court, duration of case from engagement to court & conclusion - and lawyers,Advocates & QCs regulatory histories.

Anonymous said...

I think it is time they were a!l brought to account they all seem to be crooked how can you get justice here

Anonymous said...

Do I understand this correctly - John Campbell removed a claim for legal fees and four million pounds from the action without consulting his client?

Diary of Injustice said...

@ 29 April 2020 at 10:25

Yes, this is exactly what occurred.

For the avoidance of any doubt whatsoever, there was no consultation between Mr Campbell and his client or his client's solicitor on this matter, nor were any instructions given by Mr Campbell's client or his client's solicitor for John Campbell to withdraw most of the claim and legal expenses.

There will be more to come on this issue, and additional matters given this is an open investigation.

Anonymous said...

Faculty Services are obviously the tax dodging arm of the Faculty of Advocates

Remember the famous QC who died in Pakistan while on an errand for Frank Mulholland?

His residual estate had a few hundred pounds in the bank and an insurance to cover his mortgage.

Where the millions in fees and legal aid went no one will ever know.

Anonymous said...

It seems like the corruption is off the scale with Scottish lawyers in general, from the judiciary, to the law society of Scotland, the Scottish Legal Complaints Commission (SLCC), the Scottish Solicitors Discipline Tribunal (SSDT), The Scottish Legal Aid Board (SLAB), the Faculty of Advocates, the Crown Office.

It is also clear that the reason for the white collar crime is because the politicians are weak, the lawyers hold the power in Scotland and have ensured that Scottish lawyers are above the law.

These criminals have sucked Scotland dry and pulled us down to be a failed state.

The people have only one option; do not use Scottish lawyers and certainly do not listen to a word they say because they have zero credibility.

Scottish lawyers are like ravenous Piranha beckoning us to cross the river, knowing that as we reach the deeper water they will strip the flesh from our bones in a feeding frenzy.

Thank God we have A Diary of Injustice journalists because we can no longer rely upon the politicians and police to protect the public.

Anonymous said...

https://blogs.gov.scot/justice-safety/2020/03/25/letter-from-minister-for-community-safety-ash-denham-to-legal-profession/

We know where her loyalties lie, not even trying to hide it.

If she is part of the problem she cannot be part of the solution.

Anonymous said...

"In one case quoted by a legal source, a senior member of the Faculty of Advocates who recently appeared in the news - is alleged to have demanded a six figure sum in cash from an accused person to ensure a non-custodial sentence in a criminal prosecution.

The legal source who provided the information said “Given the seniority of the accused’s legal representation it is difficult to believe others in court were not involved in the cash for freedom deal.”"

above para caused major upset but you are not to know this

Anonymous said...

Does this mean that Faculty Services are caught out over VAT fraud?

If Scotland was a democratic law-abiding country, the police would have raided Faculty Services by now and removed all of their files and the two QC's Campbell and Dunlop and Jnr Craig Murray would be in the cells, with their bank accounts and investments scrutinised.

If you value your health and wealth, do not use Scottish Advocates

Anonymous said...

Everyone and their dug knows that the Law Society, the SLCC, the SSDT, SLAB are all the one organisation, who hate the public and exist only to protect crooked Scottish solicitors.

Anonymous said...

I've just found your explosive article.

What are the police doing up there in Scotland?

Anonymous said...

Thought you may want to know the Quaich project is in more trouble thanks to the grubby hands of the Faculty of Advocates.John Campbell is mentioned in the EEN

https://www.edinburghnews.scotsman.com/heritage-and-retro/heritage/princes-street-gardens-project-faces-being-scaled-back-and-delayed-years-2855765

Princes Street Gardens project faces being scaled back and delayed by years

A controversial £25 million overhaul of Edinburgh’s Princes St Gardens to create a new events arena and visitor centre faces being significantly scaled back and delayed for years.
By Brian Ferguson
Sunday, 17th May 2020, 7:30 am

A controversial £25 million overhaul of Edinburgh’s Princes St Gardens to create a new events arena and visitor centre faces being significantly scaled back and delayed for years.

A charitable trust which has been spent years pursuing the project to replace the Ross Bandstand was supposed to have unveiled detailed designs and applied for planning permission by now.

However, it has instead launched a full-scale review of the project amid concerns over how the coronavirus pandemic will hamper a worldwide fundraising campaign, which was spearheaded by some of Scotland’s leading cultural figures.

The Ross Development Trust, which was created by hotel developer Norman Springford in 2015, has admitted that Covid-19 outbreak will have a “big impact” on the project, which has a funding shortfall of almost £20 million.

Design work and fundraising efforts have been put on hold by the trust less than three months after one of Scotland’s leading lawyers was brought in to head up the project.

John Campbell, QC, was appointed as chair of its board to replace Norman Springford, the founder of the Apex Hotels group, who had pledged £5 million to get the project off the ground.

Springford walked off the board over growing concerns from heritage and community groups about the scale of changes planned in the park, including a corporate hospitality complex and visitor centre, and a 5,000-capacity events amphitheatre. Criticism escalated over fundraising plans for the project, which were compared to a “debenture scheme.”

Actor Alan Cumming, singer KT Tunstall, author Ian Rankin and Kelpies sculptor Andy Scott have all been unveiled as official ambassadors for the project, which would see the existing Ross Bandstand demolished and access to the historic gardens improved.

The trust has set up a public-private partnership with the city council to pursue The Quaich Project, which has been pledged £5 million from the local authority if the rest of its funding can be secured.

Anonymous said...

/2
https://www.edinburghnews.scotsman.com/heritage-and-retro/heritage/princes-street-gardens-project-faces-being-scaled-back-and-delayed-years-2855765

Princes Street Gardens project faces being scaled back and delayed by years

A controversial £25 million overhaul of Edinburgh’s Princes St Gardens to create a new events arena and visitor centre faces being significantly scaled back and delayed for years.
By Brian Ferguson
Sunday, 17th May 2020, 7:30 am

David Ellis, managing director of the trust, said all design work on the project had been put on whole while the impact of the pandemic on its fundraising campaign is assessed.

He said: “At the moment, we are waiting to see how the pandemic affects everything we are doing. We have just held off doing anything at the moment until we get a better understanding of what is going on.

“All charities are going to be struggling. The people we would have been reaching out to, whether businesses or individuals, are obviously being affected by the pandemic – it will affect all different kinds of charities.

“We’ll be working with our board and potential donors to look at whether funding is going to be available in the next couple of years or not. It will have a big impact, but we’re just not sure what sure what that is going to be yet.”

Ellis said he was “hopeful” that the project would be able to submit a planning application by the end of 2020 and pointed out potential funders were unlikely to commit any backing until it had been secured.

He added: “Nothing has changed on the project yet. Our intention is to deliver exactly what we have said we are going to deliver. If things change because of other circumstances then it’s not a case of dropping everything if we can’t do the whole thing.

“We still want to try to deliver improvements in the gardens in some shape or other. At the moment, we are still trying to go ahead with the plans that everyone has seen. If for some reason down the line, such as if there is not so much funding available and we have to cut them down, that is of course something we would look at, in partnership with the council. I wouldn’t rule it out.

“Everyone wants to see some form of improvements in the gardens. We are certainly going to continue what we are doing. If anything this virus has shown how important these green spaces are. Our intention is to try to make this garden the best it can possibly be for the residents of Edinburgh.”

A spokeswoman for the city council said: “We are continuing to work with the trust in the lead up the submission of its planning application.”

Anonymous said...

I saw your tweet,Peter.Right on the money as always.
Have the Faculty of Money Launderers came up with any explanation for their faked fee notes to paper over the cash for meetings and all else?

Anonymous said...

Placing a lawyer with a reputation for scamming his clients in charge of the Princes St Gardens scam must be CEC's attempt to curtail attention from the press.
The council are as corrupt as the project itself!

Diary of Injustice said...

Thanks for the comments on this article.

Those who have sent in Faculty Services and or solicitors accounts and have verified their identities and the documents - these cases will be looked into and material considered for publication at a later date.

Any more clients who wish to raise issues regarding their legal fees, and incidents of solicitors, advocates and QCs demanding cash payments please remember these issues can only be looked at when authentic documents and references are provided.

Regarding contact on the Quaich Project and John Campbell - similar applies and provided material will be looked at for coverage here and elsewhere.

Anonymous said...

How did a guy such as Campbell slip onto a 'charity' gig after you caught up with his cash antics?

Anonymous said...

Our solicitor refused to give us a copy of the Faculty services invoice for our case and instead threatened us with legal action if we did not pay just over twenty one thousand pounds.When I wrote to him saying I was going to give a copy of his letter to the press and why he threatened to sue us he sent an email saying the fee for our advocate was cancelled at the last minute and he was withdrawing from acting for us which was just as well because the other side offered to settle our case and we took the offer and they covered our court fees and what we already spent on our solicitor.
My advice to your readers is avoid going to any court in Scotland because nobody in the process is trustworthy and least of all your own solicitor.

Diary of Injustice said...

@ 20 June 2020 at 19:10

From a reading of material passed to the blog, the charity selected exactly who they were looking for. More to come on this charity and certain links to vested interests in future articles ...

@ 21 June 2020 at 13:32

If you would like to contact the blog and supply further details as others have done, a picture and list is now developing of which QCs and Advocates regularly demand under-the-table cash payments from clients with promises of certain court outcomes and other matters not always fulfilled ...

Anonymous said...

Very good article Peter and wish I had seen this earlier on your twitter feed.

The West Princes St gardens project is another Edinburgh mafia inspired project to remove land and facilities from public ownership and hive it off to corrupt companies and dark money.

No wonder this so-called 'charity' went after the legal mafia to rescue their scheme after the right people started questioning our crooked council.

Keep after Campbell and his Faculty crooks they are bad news for Edinburgh and everyone knows it.