Independent Law journalists report on legal news for consumers, litigants & Scotland's legal community including features on justice, access to justice, law reform, the judiciary, politics & in-depth investigations, analysis and commentaries on legal related issues.
However, the Council only revealed the list - after initially refusing a request to disclose the identities of lawyers receiving millions in public cash for work which in some cases insiders allege is being used to keep law firms afloat in ‘difficult times’.
Among the list now disclosed via Freedom of Information legislation are law firms used by Edinburgh Council - who allegedly harassed & intimidated city residents for recovery of fees for dodgy construction work carried out on orders of the Council while staff from the Property Conservation Department took bribes from contractors & construction firms.
Edinburgh City Council was flooded with nearly 1,000 complaints about statutory repairs worth £30bn – yet despite a report saying lessons had been learned, law firms have continued to target residents over dodgy work orders.
The scandal prompted a Police Scotland fraud probe amid claims of bribery and billing for work not done. It was also discovered gifts & hospitality for staff in departments of the council was widespread.
However, Edinburgh Council has bitterly fought any moves to release exact figures for payments to individual law firms, and is now fighting a further Freedom of Information probe on legal fees and other expenses paid to a former Lord Advocate – Elish Angiolini – who was accused of undermining the judiciary by former Lord President Lord Hamilton.
The figures for Edinburgh Council’s spend on lawyers from 2014 to 2017, obtained via Freedom of Information legislation – reveal the Councils’ staggering £5 million a year spend on in-house, external lawyers and Advocates.
From January 2014 to 31 May 2017, the figure revealed by Edinburgh Council details some £15,265,175 spent on lawyers.
During the five months from 1 January to 31 May 2014, Edinburgh Council spending on lawyers alone was £1,016,252
The totals for each year since reveal: 2014-2015: £4,812,170, from 2015-2016: £4,104,736, from 2016-2017: £4,649,121 and in only two months from 1.4.17 to 31.5.17 a further £682,896.
In the same period Edinburgh Council also paid the sum of £229,107 to the Scottish Courts and Tribunals Service (SCTS).
Initially, Edinburgh Council attempted to argue that the commercial interests of the Council, the solicitors, advocates and QC listed in the disclosure would be harmed by the disclosure of the withheld information.
However the identities of law firms involved in the payments, but not the exact payments to the actual law firms themselves were eventually disclosed.
The full list of law firms on the payroll of Edinburgh Council includes law firms which have also been subject to PoliceScotland investigations, firms subject to multiple complaints by clients accusing partners of fraud and dishonesty, and a law firm where a stolen £38m Leonardo da vinci painting was ‘found’ in a safe during a Police raid:
Law Firms and Solicitors:
Adams Whyte Solicitors, Aikman Russell Dunlop WS, Aitkens The Family Law Solicitors, Allan McDougall & Co SSC, Allingham & Co (Solicitors) Ltd , Anderson Strathern LLP, Arbuthnott McClanachan, Ashurst LLP, Balfour & Manson, BCKM Solicitors, Berwin Leighton Paisner LLP, Beveridge & Kellas SSC, Brechin Tindal Oatts, Brodies LLP, Burness Paull LLP, Campbell Smith WS, Clan Childlaw, Clyde & Co (Scotland) LLP, CMS Cameron McKenna LLP, Community Law Advice Network, Crown Office & Procurator Fiscal Service LINETS, Digby Brown Solicitors, Drummond Miller LLP, Duncan and Wallace SSC, Dundas & Wilson CS LLP, Edinburgh Law Seminars Limited, Edinburgh Law Solicitors and Notaries, Ennova Law, Eskhill and Company, F M McConnell SsC, Frances McChlery Consulting, Fraser Shepherd, FT & DC Wallace, Garden Stirling Burnet, Gibson Kerr Law and Property, Harper MacLeod LLP, Hay Cassels, HBJ Gateley Wareing Scotland LLP, Hughes Walker Solicitors, Iain Smith & Partners, Innes & Mackay Limited, J K Cameron, Jones Whyte, K W Law, Ledingham Chalmers LLP, Legal Services Agency Ltd, Lindsays W S Solicitor,s MacLay Murray & Spens Solicitors, LLP MacRoberts LLP, McCartney Stewart Limited, McKenzies Solicitors, McMillan Williams Solicitors, McNeill & Cadzow, Millar & Bryce Ltd, Morisons Solicitors, Morton Fraser Solicitors, Odonnells Solicitors Limited, Pinsent Masons LLP, Quinn Garland Associates Ltd, R.A Low & Company, RSC Solicitors, Scottish Child Law Centre, Scottish Public Services Ombudsman, Scutt Beaumont Solicitors Ltd, Sheehan Kelsey Oswald, Shepherd & Wedderburn LLP, Simpson & Marwick WS, Sinclair Court Solicitors, Somerville & Russell , T C Young, Thorley Stephenson SSC, Thorntons WS Solicitors, Tods Murray LLP in Administration, Trinity Chambers, Warners Solicitors LLP, William Hodge Shorthand Writers Ltd, Wilson Terris & Co SSC,
Advocates and QC's:
Rt Hon Dame Elish Angiolini DBE QC, Ruth Innes, David Jack, Morag Jack.
The Scottish Information Commissioner has now been approached to investigate the case and seek disclosure of the amounts of secret legal fees paid to former Lord Advocate Elish Angiolini – after Edinburgh Council claimed the payments of substantial sums of public cash amounted to ‘personal data’.
A separate approach to the SIC is to be made over exact payments to law firms, given the sheer size of payments of public cash – which some legal insiders contend are an indication of law firms generating work for themselves to keep them afloat.
Do you have an experience with Edinburgh Council and any of the law firms listed in the Freedom of Information disclosure? If so, DOI would like to hear from you by contacting us at scottishlawreporters@gmailcom
Parliament House exhibition - Scotland’s seat of judicial powerA YEAR in the life of Scotland’s Parliament House - the seat of almost invincible, untouchable and certainly – inflexible judicial power can be a frustrating, trying, and somewhat onerous one to bear.
The past year has seen Scotland’s top judge again called to account for his aggressive posture against transparency on judicial interests.
Explanations of attending boring law conferences are always put forward – but suspicions linger m’luds are not always – as Princess Leia claimed – on a diplomatic mission to Alderaan.
Life inside the secretive cloistered world of Parliament Hall & Parliament House, has never been so much in the spotlight.
Exhibition leaflet on the £58million public spend on Parliament House However, putting all this aside for a few weeks while judges jaunt off on holidays to the likes of (name a dictatorship, tax avoidance haunt or junket destination here), our great Parliament House justice complex stands open at the mercy of the Edinburgh Fringe Festival, ensuring those of you who wish to see how the [square] ‘wheels’ of Scottish justice have managed to chug along for the last 500 years.
You, the public paid for it, all £58 million and much more over the years.
So, in this traditionally wet Scottish summer, why not take a few hours out of the next two weeks to visit what many legal insiders will tell you – is the true seat of power in Scotland – Parliament Hall - where frowns from judges and lobbying from the almost lethal and very legal ‘establishment’ can effectively skewer legislation from our democratically elected sovereign Parliament at Holyrood.
‘Parliament House, The Hidden Gem’, features colourful, life size panels on the history, traditions and work of Scotland’s supreme courts.
The exhibition will be open weekdays, Monday to Friday, 10:30 to 16:00 as venue 402 for the Edinburgh Fringe from 7 August to 25 September and then for Doors Open Day on Saturday 26 September.
It was created to mark a five-year, £58 million refurbishment of Parliament House completed on time and under budget. The work modernised the 17th century, 700-room building, while preserving its traditional courtrooms.
Holyrood Justice Committee Convener Christine Grahame wants explanations from Lord Advocate, Police over failures in Simon San murder case. FOR ONCE in its long history of appearing to operate without any oversight, the Crown Office & Lord Advocate may not escape so easily with the usual excuses in a murder case so appallingly handled it generated an apology from the Police Force which investigated it as CHRISTINE GRAHAME msp, the Convener of the Scottish Parliament’s Justice Committee tells BBC News there may be room for an independent public inquiry into the authorities handling of the investigation & prosecution of the racially motivated murder in August last year of Simon San.
Christine Grahame talks to BBC News : Full explanation is needed, there might be room indeed for an independent inquiry(Click image to watch video)
Christine Grahame spoke to BBC News, saying a "full explanation" was needed from the Lord Advocate, who had said in a statement the media were told was ‘attributed to a spokesperson’ on Tuesday that an inquiry would not be held by the Crown Office.
Ms Grahame told BBC Scotland: "I think we need full explanations from the constabularies about what their processes are following on from this case and we need a full explanation from the Lord Advocate.Once these are in the public domain then we can see where we go from there. If these explanations are not satisfactory then there might be room indeed for an independent inquiry."
Simon San, murdered in a racist attack by thugs in Edinburgh. The Daily Record newspaper reported on the failures by Police & the Crown Office in the murder of Mr San, saying : Simon, a shy, gentle man who hated violence, was ambushed outside his family's Yong Hua Garden takeaway in Lochend, Edinburgh, in August last year. A pack of feral youths surrounded his Smart car and began rocking it back and forth. Simon phoned police and got out of the car.
Witnesses saw the gang force Simon back towards a wall. Reid then punched him in the face while he was on the phone. Simon hit his head on the pavement and suffered fatal brain injuries. The scum went through his pockets and stole his car keys and phone as he lay dying. Locals then heard the neds calling their victim a "Chinky".
Simon's family told the cops he was a victim of racial hatred but their warnings fell on deaf ears. Instead, the police focused on the idea that Simon was the victim of a robbery gone wrong - a theory the force's own report into the failed investigation calls "misguided".
The report says "little emphasis" was placed on the gang's racist language. The "interview strategy" for the four accused included "a number of questions relating to robbery, but none regarding any racist element or language". The cops also failed to properly look at possible racial incidents in the gang's records. Police papers said one was "racially prejudiced" and had previously been reported for a racist offence.
The prosecution of those involved in the death of Mr San earlier this year saw the conviction of a 16 year old youth, John Reid, who admitted the culpable homicide of Mr San and was sentenced to five years for the killing. Two other 16-year-olds pleaded guilty to assault charges in connection with the case, however in April, Michael Roberts, had his original 42-month sentence cut to 26 months and Keir Rodger had his 34-month term cut to 24 months by appeal judges. A 14-year-old, who cannot be identified, who also faced an assault charge in connection with the death of Mr San, had his not guilty plea accepted by the Crown but admitted breaching bail conditions.
Full report on calls for an independent inquiry the Simon San murder case from BBC Scotland(click image to watch video)
Deputy Chief Constable Steve Allen’s apology to the family of Simon San was reported throughout the media in which the Capital’s Police Force admitted failures to treat the murder of Mr San as a racially motivated incident.
Lothian & Borders Police Deputy Chief Constable Steve Allen said: "There is no doubt that Simon's family have not had the service from my force that we would hope to give any family or any victim of crime. I have apologised privately to the family for that failure and would like to repeat that apology publicly."
Aamer Anwar, the San family solicitor, said: “Simon San's family lost faith and trust in police because of the actions of these officers. They feel had they not complained about their treatment, they would have never found out about the mistakes made by the officers. The officers may well be disciplined but for Simon's family they have played a role in lack of justice which they should have been entitled to as a grieving family.”
“Simon's father believes his son lost his life and is convinced that the accused received a lesser sentence because the officers failed to investigate the racial motivation of this case. They also feel that they were treated in this manner because they were Chinese.”
Lord Advocate Frank Mulholland – ‘will not be instructing an inquiry’. However, in stark contrast to the apology from the Police and demands for an inquiry from the victim’s family, the Crown Office in what many will see as a now typical reaction to the call for an investigation by the Lord Advocate, issued a blunt statement denying there was any evidence to treat the case as racially motivated or that an inquiry was needed. A spokesperson for the Crown Office adding to their original statement : "We can confirm the Lord Advocate will not be instructing an inquiry and is satisfied with the Crown's prosecution of the case. Mr John Logue, the Area Procurator Fiscal for Lothian & Borders, has offered to meet with Mr San's family to discuss any questions which they might now have."
There has been no reaction today from the Crown Office to Ms Grahame’s welcome comments on the matter, however clearly in the interests of justice, there must be a full inquiry into the murder of Simon San to establish how the authorities have let down his family, the justice system, and Scotland.
What good is a Justice Secretary who turns his back on victims of injustice ? .. or let me put it another way .. what good in public life is a ‘powerful’ politician who wont even help his own people ?
These are certainly questions many will be asking today as Scotland's Justice Secretary Kenny MacAskill delivered a bitter blow yesterday against victims of injustice and the many ordinary Scots and people from across the world who took part in the "Silent Walk for Justice" in Edinburgh which began near Edinburgh Castle and ended at the foot of the Royal Mile at the Scottish Parliament.
The ‘silent walk for justice’ was arranged by Guje Borgesson, the mother of Annie Borgesson, who was found dead at Prestwick harbour in December 2005. Guje and Maria Jansson, Annie’s best friend have long battled for the Crown Office to give the family a Fatal Accident Inquiry in to Annie’s unexplained death, however the Crown Office have so far refused to do anything further in the case of Ms Borgesson’s death and also in a number of other unexplained deaths, some of which have been the subject of intense media scrutiny over the failings of various Scottish Police forces to property investigate what are suspicious deaths by any standards.
The participants of yesterday’s ‘Silent Walk’ expected & hoped that Mr MacAskill, or at least someone from his office would meet with them outside the Scottish Parliament at the end of their walk down Edinburgh’s Royal Mile. However, that was not to be, and to make matters worse, a spokesman for the absent Mr MacAskill claimed the Justice Secretary was "unaware of the protest" which had been widely covered in the Scottish media beforehand.
Several people today condemned Mr MacAskill for failing to meet those who gathered outside the Scottish Parliament yesterday in freezing weather to make their voices heard on the many cases of injustice in Scotland which the Scottish Government so far have done little or nothing to address.
One of those attending said "What good is a Justice Minister who isn't interested in justice and wont even come out to meet people who his own colleagues in legal circles are actually causing the injustice to ?"
Maria Jansson, one of the organisers of the ‘silent walk for justice’ commented “I truly hope that the many people that participated yesterday received new hope and strength to go on with high spirit and the feeling that we are together in this. We have all the same focus, namely to get the truth out in the open so that Justice can be done.”
“We must not judge each other, or measure or weight each other we have already been judged or measured by the authorities, and also by people. Now is the beginning of something new, for us all and by coming together we have made injustice visible, there are so many different True stories behind the many cases. Those stories, are to often forgotten in the Media coverage”
Fortunately for the rest of us, there are people who put in the effort to campaign against injustice, and Guje, Maria, and all those who attended or supported the aims of the silent walk are to be commended for their input into what must be one of Scotland’s most pressing issues – the very high level of injustice attributed to our failed Scots justice system which sadly seems to be low on the priorities of the current Justice Secretary and others in the Scottish Government.
Maria continued : “We walked together as humans, we made injustice visible, and showed every one that there are gaps in the justice system that needs to be filled.”
Its a pity though, that Mr MacAskill couldn’t manage a little bit of humanity yesterday, feigning ignorance through his spokesman of a highly publicised protest which many ordinary Scots were well aware of.
From my own experience, and I'm sure everyone would agree - those who turn their backs on the abused, the weak and those victims of injustice - all injustice, are as guilty as the abusers who cause it, and to think that not one member of staff from Mr MacAskill's office even put in a small effort to come out and receive the marchers is disgusting.
I think we can conclude quite easily Mr MacAskill has turned his backs on ordinary Scots, on victims of injustice, on those with no voice ... preferring instead to sit in Parliament and make grand statements about who he will personally protect in the monied professions, than make a small human effort to be a part of the rest of society who hope for better and fairer treatment.
In the following two videos, Mr MacAskill can be seen attesting to a ‘great debt’ the Scottish Government owes to the legal profession. Mr MacAskill goes further to say he will always personally protect lawyers
Surely Mr MacAskill as Justice Secretary, you owe the victims of injustice and the rest of us in Scotland who are not lawyers, a debt of service & duty too ?
It’s all about money - Kenny MacAskill said he would personally protect the legal profession, so why not help victims of injustice ?
The effort and goals of the 'silent walk' must go on, and without a doubt, Scotland needs a more compassionate, more capable and more attentive Justice Secretary who will speak to and for the needs of all Scots.
Here follows the Herald's report on the Silent Walk for Justice in Edinburgh including their video coverage :
The Herald newspaper interviews the silent walk for justice participants :
INJUSTICE and prison separated us, yet we are always with you, your family.' A heartfelt message displayed on one of several large, neat placards held aloft yesterday by the wife and children of convicted Lockerbie bomber Abdelbaset Ali Mohmed Al Megrahi.
Others with similar messages ended Your son, Khalid' and Your son, Ali', as the youngsters publicly demonstrated their devotion to their imprisoned father.
For the Libyans there is no doubt that Al Megrahi is the victim of a miscarriage of justice. But there are many more people across the country who also feel that their loved ones have been wronged by the Scottish justice system.
Around 100 friends and relatives gathered in Edinburgh yesterday to highlight their cases, marching solemnly down the Royal Mile from Edinburgh Castle to the Scottish Parliament.
Their posters were of varying sizes and styles but their message was the same - Justice for Kevin', Justice for Jason', Justice for Annie'.
Standing in the chilly winter's afternoon, Hugh McLeod explained that he was there to fight for his son, Kevin McLeod, who drowned in Wick Harbour in February 1997.
The police concluded that the 24-year-old electrician's death was accidental after his body was recovered from the water on a Saturday morning following a night out at a club in the town.
But his father Hugh and mother June are convinced that their son was the victim of foul play and died after being beaten up.
A fatal accident inquiry in 1998 returned an open verdict and the family has challenged the police's conduct in the case ever since. They eventually secured an apology over the way Northern Constabulary dealt with their complaints, but have failed to get the cold case review which they believe could bring justice.
Clutching a Justice for Kevin' poster, Mr McLeod said: "The justice system needs to be changed. We hope that a lot of people here will get some form of justice. For us, that would be convicting Kevin's perpetrators."
A lone piper heralded the start of the Silent Walk for Justice, as the McLeods fell into line, walking two by two with other families along the pavement.
At the front of the procession was Guje Borgesson, who organised the event after becoming convinced that she had not received justice over the death of her daughter, Annie.
Like Kevin, Annie was found drowned, in her case on a beach at Prestwick in 2005.
No criminal investigation was launched because police believed that the 30-year-old Swedish woman committed suicide. But her mother could not accept that Annie would take her own life, and bruises and DNA found on her daughter's body fuelled her fears that the case was a murder.
Speaking as she walked slowly down the street, holding on to a photograph of Annie smiling out through long blonde hair, Mrs Borgesson, 55, said she was heartened by the show of support at the march.
She said: "I feel great that there are all these people here who share the same goal to show our concern about the justice system."
It was the second such peaceful protest she has arranged, with the first in Prestwick last year, and she had high hopes that Justice Secretary Kenny MacAskill would meet the group to accept a book of letters outlining their stories.
Arriving outside the Parliament as darkness started to fall, the campaigners gathered together and placed their placards on the ground along with candles.
The image of Al Megrahi in traditional Muslim dress rested beside pictures of other alleged victims of injustice, including cyclist Jason MacIntyre, who was killed when a car hit him on the A82 in January this year.
Corinne Mitchell, mother of Luke Mitchell, who was c onvicted of the murder of schoolgirl Jodi Jones, was marching with her dog and a poster of her son. Mitchell, 20, is serving at least 20 years for the 2003 killing of his 14-year-old girlfriend but maintains he is not guilty.
There was also a photograph of Michael Ross, the soldier recently convicted of the killing of Bangladeshi waiter Shamsuddin Mahmood in Orkney in 1994.
Ross's lifelong friend, Susan Robertson, was among the group yesterday. The 30-year-old from Dunfermline admitted that she didn't think the event would create any major change in his case, but she said: "I am here to support Michael and his family."
More positive was Sandra Brown, long-time campaigner for justice for Coatbridge schoolgirl Moira Anderson, who disappeared in 1957 and whose body has never been found.
She said: "The Vicky Hamilton case, where they didn't give up for 17 years, shows that justice is still possible.
As it became clear that no-one from the Scottish Government would be meeting the group outside, Mrs Borgesson made a speech imploring the Justice Minister to act.
As candles flickered or went out in the cold breeze she said: "We have come here to take part in the silent walk of justice with the expectation that you can offer us some help ... We come from a wide variety of backgrounds but have all experienced the co mmon sense of frustration and hopelessness that there does not seem to be a solution to our problems." She added: "I'm amazed by the number and variety of people who have joined here today because they too feel that justice has eluded them."
As a few curious passersby looked on, the piper launched into Flower of Scotland before a minute's silence was held in a final, hopeful gesture of solidarity and respect.
Kevin McLeod He drowned in Wick Harbour in 1997 after a night out. His parents Hugh and June McLeod reject the police explanation of accidental death and remain convinced that their electrician son was the victim of foul play, dying after being beaten up in an argument with a man. A fatal accident inquiry in 1998 returned an open verdict and the family has challenged the police's conduct in the case ever since.
Annie Borgesson WHEN the body of Annie Borgesson was discovered washed up on a Scottish beach in December, 2005, police concluded that she had committed suicide. But the 30-year-old Swedish woman's mother, Guje Borgesson, believes her daughter was murdered because bruises and unidentified female DNA were found on her body. Last year she demanded a fatal accident inquiry into the death of her daughter, whose body was found on a beach at Prestwick in Ayrshire.
Luke Mitchell He was jailed for at least 20 years in 2005 for murdering his 14-year-old girlfriend, Jodi Jones. But Mitchell and his mother Corinne maintain he is innocent of the 2003 crime that shocked their home town of Dalkeith. He lost an appeal over the conviction and length of his sentence earlier this year but will appeal to reduce his jail term again next month. His family believe that evidence not heard at his original trial proves his innocence.
Michael Ross DECORATED war hero Michael Ross was jailed for life earlier this year for the killing of waiter Shamsudden Mahmood at a restaurant in Orkney in 1994. The soldier, just 14 when the murder took place, denies he was the balaclava-clad killer who burst into a Kirkwall restaurant and shot the 26-year-old waiter dead. His father, Edmund Ross, has always maintained his son's innocence, and a businessman has offered a £100,000 reward to help clear his name. A school friend recently claimed that she could give him an alibi.
For those of you who can make it, please join the Silent Walk for Justice in Edinburgh this Thursday, 4th December 2008.
The walk is intended as a vigil to highlight miscarriages of justice across Scotland which have caused untold suffering to countless individuals across the country and even many abroad who have been affected by our less than reputable Scots Justice system.
The walk is a response to the apparent lack of willingness of the Scots Justice system to deal with its 'sins of the past' and the clearly high levels of injustice which take place in Scotland each year due to varying factors such as a lack of access to justice, an inflexible and self protecting justice system more intent on covering up its own failings, and a distinct lack of independent and impartial oversight & regulation, which have in effect allowed many arms of the Scots justice system to freewheel in their own direction without accountability to anyone.
You can read more about how the Silent Walk for Justice took shape on the Shirley McKie forum here : A Silent Walk for Justice
Here follows the release from the organisers :
WELCOME TO JOIN THE SILENT WALK FOR JUSTICE EDINBURGH DEC 4, 2008, 15.00 - 19.00
You are all welcome to join The Silent Walk For Justice 2008. We will all meet at 15.00 p.m. at Johnson Terrace. Then a lone bagpiper will signal and we will all walk together, the Royal Mile down from the Edinburgh castle, peacefully and in silence to honour our loved ones and stop at the Scottish Parliament.
Outside the Scottish Parliament we will all put down our pictures of the ones, or what we are fighting for, and we will light our candles and put them beside the pictures. We will all stand behind the shrine with the pictures and burning candles.
The bag piper will signal and The Cabinet Secretary of Justice Kenny MacAskill, or who will be sent in his place, will meet us outside.
The man and the woman representing the Scottish people will perform a short speech, and after that The Cabinet Secretary of Justice will make a short speech. The people’s writing and name lists will be handed over to Mr MacAskill.
The bag piper will signal and there will be a SILENT MINUTE for all the loved ones. Then the lone piper will play a Scottish tune.
The Cabinet Secretary of Justice will return into the Parliament building and the bag piper will signal for the journalists to step forward, take pictures and make interviews.
The pictures and candles must be removed and The Silent Walk For Justice 2008 will end at 19.00 pm
The Silent Walk for Justice, must be absolutely peaceful and silent, we will let our pictures and candles speak for our mission.
