Questions over stalled probe of Borders solicitor Andrew Penman accused of allegations of dishonesty, missing files & funds, investigation continues two years after suspension

Probe of Andrew Penman & ruined clients continues. QUESTIONS are being asked about why investigations into a well known Borders solicitor who was suspended over two years ago have not resulted in further action by the Law Society of Scotland and Scottish Legal Complaints Commission.

Andrew Paterson Penman -  a solicitor based at the now closed firm of Stormont Darling Solicitors in Kelso – remains suspended by the Law Society of Scotland in movember 2016, yet complaints in relation to his activities at the Kelso law firm are still being investigated over two years later.

Earlier reports by SLR revealed Andrew Penman was previously accused by Law Society investigators of faking up evidence in executry files, deceiving banks including the Royal Bank of Scotland and the Inland Revenue (now HMRC).

Penman’s suspension was published in the Gazette: Notice is hereby given that the practising certificate of ANDREW PATERSON PENMAN, solicitor, Stormonth Darling, Bank of Scotland Buildings, 8/9 The Square, Kelso, TD5 7HQ was suspended under Sections 39a and 40 of the Solicitors’ (Scotland) Act 1980 with effect from 2 October 2014.

The order publishing Penman’s suspension was signed by James Ness, Deputy Registrar.

Records also reveal Ness - a partner at Austins Solicitors, Dalbeattie, Dumfries & Galloway - represented Penman at secretive Law Society complaints hearings.

An investigation concluded Ness launched personal attacks on former clients to alter a decision already taken to prosecute Andrew Penman before the Scottish Solicitors Discipline Tribunal in the 1990s.

It was also reported last year Penman was ‘signed off sick’ to protect him from ongoing investigations and court litigation.

After a period of weeks leaving clients unable to contact Mr Penman or gain control of their legal affairs, the Law Society of Scotland closed down Stormonth Darling.

The law firm’s business was then taken over by another Kelso based law firm – Cullen Kilshaw.

It was then reported the Law Society of Scotland and the Scottish Legal Complaints Commission were investigating serious complaints made by clients against Mr Penman and his former law firm.

Legal insiders claimed there were allegations of significant amounts of money “gone missing”, allegations relating to fraud and the collection or payments of rents, and allegations relating to the misuse of trusts, wills and executries – with significant sums involved.

It has also been claimed the names of a number of other firms and businesses located in the Scottish Borders have cropped up during investigations into Penman’s conduct.

These include one firm of Borders accountants who appear to have been used to conceal client’s affairs, and two other law firms, one also based in Kelso – who both appear to have facilitated “transactions unauthorised by clients”.

Allegations have also emerged clients who complained about Penman’s conduct in the past experienced personal intimidation by parties - after they had lodged complaints about Penman with the Law Society of Scotland.

One former client of Stormonth Darling described how in a previous case, Mr Penman had falsified documents in a bid to thwart an earlier investigation into allegations of fraud and missing funds.

Of the current situation, the former branded the Law Society & SLCC as protective of solicitors, telling SLR: “The Police should be brought in to investigate Penman and his activities.”

Another former client told how the wording of wills had been suspiciously altered, and how property titles “had disappeared without trace”.

During 2014, Penman was linked to a case in the Court of Session - A398/14 Ladykirk Estates Ltd v Stormonth Darling WS :

Ladykirk Estates Limited, Academy House, Shedden Park Road, Kelso, (Ledingham Chalmers Llp) Roxburghshire AG V Stormonth Darling W.S. Solicitors, Drew Penman, Terry Mcnally and Craig Wood, Bank Of Scotland Buildings, The Square, Kelso, Roxburghshire

Court staff indicated the case was one of a significant financial claim against Penman and other solicitors based at Stormonth Darling in Kelso.

Andrew Paterson Penman was employed as a Director (SOLICITOR) at LADYKIRK ESTATES LIMITED from 01 June 2007 to 17 September 2012 , Company address: LADYKIRK ESTATES LIMITED ACADEMY HOUSE, SHEDDEN PARK ROAD, KELSO, ROXBURGHSHIRE, TD5 7AL

Andrew Paterson Penman was also employed as a Director (SOLICITOR) at S.P.C. BORDERS from 31 January 2006 to 30 November 2014 Company address: S.P.C. BORDERS 27 MARKET STREET, GALASHIELS, TD1 3AF

It has also been revealed Penman and his law firm are being investigated by the Scottish Legal Complaints Commission & Law Society of Scotland in connection with a number of complaints made by clients where substantial sums of money into hundreds of thousands of pounds along with queries regarding unpaid rent and disappeared funds are alleged.

Late last year, Solicitor Craig Wood - the only remaining solicitor at Stormonth Darling ‘took ill’ leading to the Law Society closing the firm down.

Wood – who was named in a writ against the law firm at the Court of Session - has since died from his illness.

It is not known whether Mr Wood gave any statements to clients or the Law Society regarding the problems at Stormonth Darling.

In an update to the report, as of 23 October 2015, SLR has been approached by several individuals from Kelso and around the Scottish Borders who have provided documentation on their dealings with Penman and Stormonth Darling.

In one case, a client alleges he received visits from officers from the former force of Lothian & Borders Police after he raised questions with the Law Society over significant sums of missing funds & assets under the control of Stormonth Darling.

Solicitors based at Stormonth Darling and an accountant caught up in accusations of hundreds of thousands of pounds gone missing from a will – appear to have used their influence with public services based in the rural Borders backwater to cause difficulties in the lives of clients whose funds and assets were being systematically stripped by the now defunct law firm.

The names of two former LibDem politicians, one from Holyrood, another from Westminster - have also been connected to the difficulties at Stormonth Darling.

In 2009, Scottish Law Reporter covered a story relating to Ladykirk Estates & Andrew ‘Drew’ Penman – after both lost a legal challenge in Scotland’s Land Court. LadyKirk Estates objected to the transfer of a farm tenancy from an elderly tenant to his younger nephew. Ladykirk had also claimed their ECHR rights had been in breach. Full report HERE

CHEQUERED HISTORY OF BORDERS LAWYER WHO RUINED CLIENTS:

Penman – Originally from Hawick then moved to Kelso to work at Stormonth Darling Solicitors, has been subject to numerous complaints from local clients in the Scottish Borders over the years, One investigation carried out by the Law Society of Scotland issued reports finding Penman had deliberately rearranged evidence before investigating officers took possession of the files in an attempt to prevent the Law Society’s own reporter from investigating the circumstances of the losses. The Law Society investigating reporter found “there was also evidence of what appeared to be a bungled and unsuccessful attempt to put the file into order”

The Law Society investigator recommended a prosecution of Andrew Penman, saying : “In respect of the extraordinary delays and the repeated failures to respond to correspondence and the apparent, deliberate attempt to mislead the Royal Bank the reporter was of the view that the professional misconduct was such that it would warrant prosecution before the Scottish Solicitors Discipline Tribunal The reporter was or the view that there had clearly been an inadequate professional service but in the, event of a referral to the Scottish Solicitors Discipline Tribunal this would be incorporated into the complaint.”

Neither the Law Society of Scotland or Scottish Legal Complaints Commission could not be reached for comment.

Allegations of dishonesty, missing files & funds - Investigations by SLCC & Law Society into Borders solicitor Andrew Penman stall after rogue lawyer is ‘signed off sick’ to protect from court & complaints

Andrew Penman – ‘signed off sick as protection from litigation - Law Society. A SOLICITOR from a now defunct law firm in the Scottish Borders - who was accused by Law Society of faking up evidence, deceiving banks and the Inland Revenue is now ‘signed off sick’ to protect him from ongoing investigations and court litigation – claim legal sources.

Andrew Paterson Penman, solicitor from the now closed down law firm of Stormonth Darling Solicitors  - based in Kelso, Scottish Borders - was suspended in October 2014 without any action before the Scottish Solicitors Discipline Tribunal.

After a period of weeks were clients were unable to contact Mr Penman or gain control of their legal affairs, the Law Society of Scotland closed down Stormonth Darling. The law firm’s business was then taken over by another Kelso based law firm – Cullen Kilshaw.

It has now transpired both the Law Society of Scotland and the Scottish Legal Complaints Commission are investigating serious complaints made by clients against Mr Penman and his former law firm.

Legal insiders claim there are allegations of significant amounts of money “gone missing”, allegations relating to fraud and the collection or payments of rents, and allegations relating to the misuse of trusts, wills and executries – with significant sums involved.

It has also been claimed the names of a number of other firms located in the Scottish Borders have cropped up during investigations into Penman’s conduct.

These include one firm of Borders accountants who appear to have been used to conceal client’s affairs, and two other law firms, one also based in Kelso – who both appear to have facilitated “transactions unauthorised by clients”.

One former client of Stormonth Darling described how in a previous case, Mr Penman had falsified documents in a bid to thwart an earlier investigation into allegations of fraud and missing funds.

Of the current situation, the former branded the Law Society & SLCC as protective of solicitors, telling SLR: “The Police should be brought in to investigate Penman and his activities.”

Another former client told how the wording of wills had been suspiciously altered, and how property titles “had disappeared without trace”.

Penman’s suspension was published in the Gazette: Notice is hereby given that the practising certificate of ANDREW PATERSON PENMAN, solicitor, Stormonth Darling, Bank of Scotland Buildings, 8/9 The Square, Kelso, TD5 7HQ was suspended under Sections 39a and 40 of the Solicitors’ (Scotland) Act 1980 with effect from 2 October 2014.

The order publishing Penman’s suspension was signed by James Ness, Deputy Registrar – the same solicitor who once defended Penman at Law Society Complaints Committees.

Ness - a partner at Austins Solicitors, Dalbeattie, Dumfries & Galloway - represented Penman at Law Society complaints hearings.

In one case, James Ness gave a submission on behalf of the suspended solicitor - demanding the Complaints Committee alter its decision to prosecute Penman before the Scottish Solicitors Disciplinary Tribunal.

The move was controversial and heavily reported in the national and local press at the time.

Earlier this year, Penman was linked to a case in the Court of Session - A398/14 Ladykirk Estates Ltd v Stormonth Darling WS :

Ladykirk Estates Limited, Academy House, Shedden Park Road, Kelso, (Ledingham Chalmers Llp) Roxburghshire AG V Stormonth Darling W.S. Solicitors, Drew Penman, Terry Mcnally and Craig Wood, Bank Of Scotland Buildings, The Square, Kelso, Roxburghshire

Court staff indicated the case was one of a significant financial claim against Penman and other solicitors based at Stormonth Darling in Kelso.

Andrew Paterson Penman was employed as a Director (SOLICITOR) at LADYKIRK ESTATES LIMITED from 01 June 2007 to 17 September 2012 , Company address: LADYKIRK ESTATES LIMITED ACADEMY HOUSE, SHEDDEN PARK ROAD, KELSO, ROXBURGHSHIRE, TD5 7AL

Andrew Paterson Penman was also employed as a Director (SOLICITOR) at S.P.C. BORDERS from 31 January 2006 to 30 November 2014 Company address: S.P.C. BORDERS 27 MARKET STREET, GALASHIELS, TD1 3AF

It has also been revealed Penman and his law firm are being investigated by the Scottish Legal Complaints Commission & Law Society of Scotland in connection with a number of complaints made by clients where substantial sums of money into hundreds of thousands of pounds along with queries regarding unpaid rent and disappeared funds are alleged.

Late last year, Solicitor Craig Wood - the only remaining solicitor at Stormonth Darling ‘took ill’ leading to the Law Society closing the firm down.

Wood – who was named in a writ against the law firm at the Court of Session - has since died from his illness.

It is not known whether Mr Wood gave any statements to clients or the Law Society regarding the problems at Stormonth Darling.

In an update to the report, as of 23 October 2015, SLR has been approached by several individuals from Kelso and around the Scottish Borders who have provided documentation on their dealings with Penman and Stormonth Darling.

In one case, a client alleges he received visits from officers from the former force of Lothian & Borders Police after he raised questions with the Law Society over significant sums of missing funds & assets under the control of Stormonth Darling.

Solicitors based at Stormonth Darling and an accountant caught up in accusations of hundreds of thousands of pounds gone missing from a will – appear to have used their influence with public services based in the rural Borders backwater to cause difficulties in the lives of clients whose funds and assets were being systematically stripped by the now defunct law firm.

The names of two former LibDem politicians, one from Holyrood, another from Westminster - have also been connected to the difficulties at Stormonth Darling.

In 2009, Scottish Law Reporter covered a story relating to Ladykirk Estates & Andrew ‘Drew’ Penman – after both lost a legal challenge in Scotland’s Land Court. LadyKirk Estates objected to the transfer of a farm tenancy from an elderly tenant to his younger nephew. Ladykirk had also claimed their ECHR rights had been in breach. Full report HERE

CHEQUERED HISTORY OF BORDERS LAWYER WHO RUINED CLIENTS:

Penman – Originally from Hawick then moved to Kelso to work at Stormonth Darling Solicitors, has been subject to numerous complaints from local clients in the Scottish Borders over the years, One investigation carried out by the Law Society of Scotland issued reports finding Penman had deliberately rearranged evidence before investigating officers took possession of the files in an attempt to prevent the Law Society’s own reporter from investigating the circumstances of the losses. The Law Society investigating reporter found “there was also evidence of what appeared to be a bungled and unsuccessful attempt to put the file into order”

The Law Society investigator recommended a prosecution of Andrew Penman, saying : “In respect of the extraordinary delays and the repeated failures to respond to correspondence and the apparent, deliberate attempt to mislead the Royal Bank the reporter was of the view that the professional misconduct was such that it would warrant prosecution before the Scottish Solicitors Discipline Tribunal The reporter was or the view that there had clearly been an inadequate professional service but in the, event of a referral to the Scottish Solicitors Discipline Tribunal this would be incorporated into the complaint.”

Neither the Law Society of Scotland or Scottish Legal Complaints Commission could not be reached for comment.

Law Scandal hits Borders law firm: Lawyer Andrew Penman suspended, Stormonth Darling Solicitors taken over by Law Society in scandal linked to client complaints & Court of Session case

Andrew Penman – suspended by Law Society. A SOLICITOR from the Scottish Borders who was once accused by Law Society investigators of faking up evidence in files and deliberately deceiving banks and the Inland Revenue has been suspended by the Law Society of Scotland after a string of scandals relating to his clients legal affairs and dodgy legal practices.

ANDREW PATERSON PENMAN, solicitor with the Kelso law firm of Stormonth Darling Solicitors was suspended late last year by the Law Society of Scotland, who quietly announced Penman’s suspension in the Gazette: Notice is hereby given that the practising certificate of ANDREW PATERSON PENMAN, solicitor, Stormonth Darling, Bank of Scotland Buildings, 8/9 The Square, Kelso, TD5 7HQ was suspended under Sections 39a and 40 of the Solicitors’ (Scotland) Act 1980 with effect from 2 October 2014.

The order announcing Penman's suspension was ironically signed by James Ness, Deputy Registrar – the same solicitor who once defended Penman during a Complaints Committee hearing. Ness - a partner at Austins Solicitors, Dalbeattie, Dumfries & Galloway - represented Penman at Law Society complaints hearings. Ness gave a submission at the time demanding the Complaints Committee change its decision from one of prosecuting Penman before the Scottish Solicitors Disciplinary Tribunal – to a slap on the wrist. The move was controversial and heavily reported in the national and local press at the time.

Penman has now been linked to a case in the Court of Session - Ladykirk Estates Limited, Academy House, Shedden Park Road, Kelso, (Ledingham Chalmers Llp) V Roxburghshire AG V Stormonth Darling W.S. Solicitors, Drew Penman, Terry Mcnally and Craig Wood, Bank Of Scotland Buildings, The Square, Kelso, Roxburghshire

Court staff have indicated the case is one of a significant financial claim against Penman and other solicitors based at Stormonth Darling in Kelso.

Andrew Paterson Penman was employed as a Director (SOLICITOR) at LADYKIRK ESTATES LIMITED from 01 June 2007 to 17 September 2012 , Company address: LADYKIRK ESTATES LIMITED ACADEMY HOUSE, SHEDDEN PARK ROAD, KELSO, ROXBURGHSHIRE, TD5 7AL

Andrew Paterson Penman was also employed as a Director (SOLICITOR) at S.P.C. BORDERS from 31 January 2006 to 30 November 2014 Company address: S.P.C. BORDERS 27 MARKET STREET, GALASHIELS, TD1 3AF

It has also been revealed Penman and his law firm are being investigated by the Scottish Legal Complaints Commission & Law Society of Scotland in connection with a number of complaints made by clients where substantial sums of money into hundreds of thousands of pounds along with queries regarding unpaid rent and disappeared funds are alleged.

Solicitor Craig Wood - the only remaining solicitor at Stormonth Darling ‘took ill’ leading to the Law Society closing the firm down. It has since been announced another local law firm, Cullen Kilshaw, has agreed to take on some of the business of Stormonth Darling.

In 2009, Scottish Law Reporter covered a story relating to Ladykirk Estates & Andrew ‘Drew’ Penman – after both lost a legal challenge in Scotland’s Land Court. LadyKirk Estates objected to the transfer of a farm tenancy from an elderly tenant to his younger nephew. Ladykirk had also claimed their ECHR rights had been in breach. Full report HERE

CHEQUERED HISTORY OF BORDERS LAWYER WHO RUINED CLIENTS:

Penman – Originally from Hawick then moved to Kelso to work at Stormonth Darling Solicitors, has been subject to numerous complaints from local clients in the Scottish Borders over the years, One investigation carried out by the Law Society of Scotland issued reports finding Penman had deliberately rearranged evidence before investigating officers took possession of the files in an attempt to prevent the Law Society’s own reporter from investigating the circumstances of the losses. The Law Society investigating reporter found “there was also evidence of what appeared to be a bungled and unsuccessful attempt to put the file into order

Law Society found Andrew Penman deliberately mislead Royal Bank of Scotland, amounting to professional misconduct. Page two of the Law Society report said : “The reporter noted there was a complete failure on the part of Messrs. P. & J. Stormonth-Darling to deal with this matter. They completely failed to acknowledge the instructions they had received from the Royal Bank in this connection and failed to take any steps to deal with the matter. The reporter was of the view that the substantial and unnecessary delays which had taken place in the executry might amount not only to an inadequate professional service on the part of Messrs. P.& J. Stormonth Darling but professional misconduct on the part of Mr Penman the solicitor dealing with the matter up until the time the complaint was lodged with the Law Society on 17th October 1994. Further the reporter was of the view that the apparent deliberate attempt to mislead the Royal Bank in regard to the Banco di Roma account may amount to professional misconduct.”

The Law Society investigating lawyer went onto demand a prosecution of Andrew Penman, saying : “In respect of the extraordinary delays and the repeated failures to respond to correspondence and the apparent, deliberate attempt to mislead the Royal Bank the reporter was of the view that the professional misconduct was such that it would warrant prosecution before the Scottish Solicitors Discipline Tribunal The reporter was or the view that there had clearly been an inadequate professional service but in the, event of a referral to the Scottish Solicitors Discipline Tribunal this would be incorporated into the complaint.”

In several damning verdicts, the Law Society’s investigating officer found that Penman had DELIBERATELY MISLED the Royal Bank of Scotland, while documents involving correspondence from the then INLAND REVENUE now Her Majesty’s Revenue & Custons (HMRC) showed Penman had also deliberately misled tax inspectors after vast sums of money disappeared from the deceased’s estate in an organised attempt by the Executor, a Borders Accountant identified as Norman Howitt to pay the monies over to the deceased’s wife and then into a SECRET TRUST FUND controlled by Howitt himself and revealed in an article on Scottish Law Reporter in 2007, HERE where evidence revealed Howitt had INCREDIBLY even taken possession of the deceased’s widow’s pension book.

Law Society Complaints Committee said Andrew Penman mislead the Royal Bank, was a failure at handling an executry. The Committee’s consideration of the investigating lawyer’s findings revealed : “The Committee expressed grave concern at the way that this executry had been handled by Mr. Penman and the extraordinary delays and the complete failure to deal with correspondence in an adequate manner, The Committee were of the: view that there: had been very poor attention paid to the administration of this estate and that whilst the complainer's uncertainty in certain matters might have caused some confusion there was a general lack of effort on the part of the solicitors to deal with matters in a reasonable manner.. It was noted in connection with the proposed loan by the Royal Bank. to the complainer there was a complete and utter failure to deal with the matter in any way or even to acknowledge the instructions. In connection with the Banco di Roma account the Committee noted the failure on the part of Mr. Penman to deal with matters in a reasonable way. They were particularly concerned at the terms of the letter written by Mr. Penman to the Royal Bank on 29th September 1992 which appeared to be an attempt to mislead the Royal Bank into believing that matters were being actively dealt with when they were not.”

“The Committee concurred with the views of the reporter in this matter indicating that the apparent attempt to mislead the Royal Bank persuaded them that Mr Penman's acting in the matter were so serious and reprehensible as to amount to professional misconduct. The Committee thereafter considered whether the professional misconduct was such that it would warrant referral to the Scottish Solicitors Discipline Tribunal. The Committee were of the view that the administration of the executry had been so appallingly badly done as to take the issue out of service into that of conduct and coupled with the apparent attempt to mislead the Royal Bank the conduct was such that it would warrant prosecution before the Scottish Solicitors Discipline Tribunal. The Committee were of the view that Mr, Penman's acting in respect of the extra-ordinary delays and failure to progress the administration of the executry and in apparently misleading the Royal Bank of Scotland were so serious and reprehensible as to amount to professional misconduct. The Committee determined to recommend to Council that Mr. Penman be prosecuted before the Scottish Solicitors Discipline Tribunal in relation to the professional misconduct and the service provided and any other matter which the Fiscal feels appropriate.”

The actions of Penman were so severe the Law Society’s reporter demanded Penman be prosecuted before the SCOTTISH SOLICITORS DISCIPLINE TRIBUNAL and struck off due to the seriousness of his actions, however a secret deal was brokered between a key Law Society official, James Ness and the then Complaints Committee to commute Penman’s punishment and reverse the prosecution, thought to be the first & only case of its kind ever happening at the Law Society. The deal to reverse the prosecution was branded “corrupt” by many legal insiders and the wider media.

Borders Solicitor who wife claimed ‘may contemplate suicide’, sued a grandparent for £150K over leaflet criticism in divorce case, gets only £15K

Borders solicitor Ronald Hastings 'may have contemplated suicide' over leaflet allegations of lying in court, sued the grandparent author instead. RONALD ANDREW HASTINGS (aged 53), a solicitor who runs Hastings & Co, The Square, Kelso, a law firm & estate agents based in the Scottish Borders is reported to have been awarded FIFTEEN THOUSAND POUNDS after he sued a grandparent for ONE HUNDRED & FIFTY THOUSAND POUNDS over claims he lied to a court in connection with reports the solicitor compiled in a divorce case. Court of Session judge Lord Mathews who heard the case, found claims made by the grandparent in the leaflet naming Mr Hastings in connection with allegations relating to the divorce case, to be ‘vitriolic’.

However, Lord Mathews REFUSED to take into account evidence provided by the solicitor’s wife that she feared her husband was contemplating suicide over the incident, saying “that was not something which was referred to by the pursuer at all far less as being something which was attributable to the statements made about himas no similar claims had been made by Mr Hastings to the court.”

The Herald newspaper reported on the case : “The dispute between Mr Hastings and the man – who cannot be named for legal reasons –began when the solicitor was instructed to compile a report in a divorce case at Jedburgh Sheriff Court. It involved him (Mr Hastings) reporting on the circumstances of the grandchildren of the man involved. The grandfather was unhappy with the report as it contained certain claims against him and his contact with the children, which were later found to be inaccurate. He then began posting leaflets to homes and businesses in Kelso, rubbishing Mr Hastings's name.”

The Court of Session was told Mr Hastings was a solicitor in the Borders. By interlocutor dated 30 January 2004 pronounced at Jedburgh Sheriff Court he was appointed to investigate and report on the welfare and circumstances of the children of the parties to a divorce action. The defender in that action was the current defender's son, the children therefore being his grandchildren. Having made certain investigations and interviewed the defender on 24 February 2004, the pursuer submitted his report to the court on 4 March 2004. It is now accepted that the report contained certain inaccuracies. Broadly speaking, the pursuer contends that these were innocent mistakes, while the defender's position is that these were malicious lies.

Speaking in support of her husband, Mrs Hastings told the court in evidence : “She worried about his state of mental health and was concerned in case he would contemplate suicide. On one occasion they had had an argument and he started putting things into an overnight bag. She thought that he was going to drive off but she hid the car keys and his mobile so that he could not go away.”

However, Lord Mathews said he would not take Mrs Hastings claims of worries her husband would commit suicide into account as there was no attribution to this by Mr Hastings in his own testimony to the court.

Lord Mathews said : “I have no doubt that all of this has had an effect on the defender but it is the effect on the pursuer which I have to consider. In doing so I have to have regard to a number of factors. The pursuer's own evidence was that he had been distracted from getting on with his job, had missed some days at work, at least in part, due to the stress of this and there had been some family worries.”

“His wife went further, indicating that he had lost his motivation quite a lot, had put on weight, had stopped exercising and at least to some extent was no longer motivated to go into work. He wondered what the point was of doing a good job if someone could demolish his reputation. He was very down hearted and the whole matter had put strains on their marriage. She did refer to concerns that he might commit suicide but that was not something which was referred to by the pursuer at all far less as being something which was attributable to the statements made about him.”

“I have no reason to doubt the evidence of the pursuer's wife but in the absence of any attribution by him of suicidal thoughts to the defamation, I do not take them into account. It seems to me also that the effect of the court action is probably marginal. As I assess his evidence the pursuer understood that solicitors were used to criticisms and his main concern was to put the matter to bed by way of a permanent interdict.”

Lord Mathews commented on the size of Mr Hastings £150K claim for damages, saying : “I do not consider, on the evidence before me, that the damages should be as great as they were in for example Munro v Brown, and I assess solatium at £15,000. Most of the damage has already been done and I order that interest at the rate of eight per cent per annum should run on £10,000 of that award from 10 April 2011 when the material was first published. Finally, I should say that there was an issue as to whether the offending material should have been placed in the report at all. It seems to me that in light of the contents of number 6/7 of process, the letter dated 4 February 2004 from Mr McNab, it was a matter which the pursuer was duty bound to investigate. Had he ignored it and had the matter come to light at a later stage, he would have been open to criticism. Even if there was no such duty and the inclusion of the material was a matter for the pursuer's discretion, I cannot hold that the manner in which he exercised that discretion was unreasonable or unwarranted.”

Lord Mathews decision stated : “I shall sustain the first, third and in part the fourth pleas in law for the pursuer, repel the first and in part the second pleas in law for the defender and I shall grant decree for interdict in terms of the first conclusion and for payment by the defender to the pursuer of the sum of £15,000 sterling with interest on £10,000 thereof at the rate of eight per centum per annum from 10 April 2011 until payment. The case will be put out By Order on the question of expenses.”

The full opinion of Lord Mathews in the case can be read online here : OUTER HOUSE, COURT OF SESSION [2012] CSOH 126 A189/11 OPINION OF LORD MATTHEWS in the cause R A H Pursuer; against M H Defender or on the Scottish Court Service website HERE

Questions have since been raised as to why the solicitor’s initials were only published in the Court’s decision, rather than his full name. The solicitor’s firm of Hastings & Co, The Square Kelso, was also omitted from the Court’s published decision, with the firm’s initials only appearing as H & Co in Kelso.

No explanation for the apparent attempt at removing key information on the solicitor’s identity and his practice in Kelso from the public domain has been offered at this time by the Scottish Court Service.

The Herald Newspaper, who identified the solicitor as Ronald Hastings of Kelso, and publish his picture, reports :

Lawyer awarded damages after 'liar' smear campaign

Victoria Weldon Reporter

A SOLICITOR has been awarded £15,000 in damages after being subjected to a smear campaign that falsely claimed he was a malicious liar.

Ronald Hastings, 53, was awarded the sum, plus expenses, after a man involved in one of his cases handed out about 100 fliers in the town where he worked, claiming he knowingly supplied false information to the court.

The lawyer, who runs his own estate agents and law firm, Hastings & Co, in Kelso in the Scottish Borders, told the Court of Session in Edinburgh that the claims damaged his reputation and forced him to take time off work due to stress.

He also claimed he became demotivated and developed family problems.

Court documents submitted on behalf of Mr Hastings said: "The Pursuer has suffered injury to his feelings, standing and professional reputation as a result of the distribution by the defender of the false and defamatory statements.

"The statements caused and continue to cause distress. The pursuer's estate agency business is well know in the Scottish Borders. The Pursuer's name is that of the business. His reputation is important to the business."

The dispute between Mr Hastings and the man – who cannot be named for legal reasons –began when the solicitor was instructed to compile a report in a divorce case at Jedburgh Sheriff Court.

It involved him reporting on the circumstances of the grandchildren of the man involved.

The grandfather was unhappy with the report as it contained certain claims against him and his contact with the children, which were later found to be inaccurate.

He then began posting leaflets to homes and businesses in Kelso, rubbishing Mr Hastings's name.

The fliers stated: "WARNING! Ron Hastings, solicitor and estate agent, IS A LIAR. When acting as a court reporter, he knowingly supplied false, and in my opinion MALICIOUS information to a Sherriff's [sic] Court Report, that was put into the public domain.

"Under Scottish Law, this is a very serious offence, yet the Legal System has done NOTHING about it. WHY?

"IS THIS SCOTTISH JUSTICE? SHAME ON YOU Mr Hastings!

"WHAT PART OF THOU SHALT NOT BEAR FALSE WITNESS DON'T YOU UNDERSTAND?"

The defender restated his case in court, claiming that the solicitor had deliberately included false information about him in the report.

However, Judge Lord Matthews accepted that it was an "innocent error", which was later flagged up to the court, and awarded in favour of Mr Hastings.

In a written judgment on the case, Lord Matthews said: "I am unable to find it proved that the pursuer told a deliberate lie.

"In the first place there is simply no reason for him to have done so. He had, on the evidence which I accept, never met the defender before."

The judge added: "The sting in the handbills is that the pursuer maliciously lied to the court in the course of carrying out his duty as a court reporter. The defender has failed to prove that is true and accordingly I find for the pursuer."

Mr Hastings asked the court to award £150,000 in damages, but Lord Matthews deemed that he was only entitled to £15,000.

The judge also granted a perpetual court order banning the grandfather from making any further claims against Mr Hastings.

He said: "The contents of the handbill are, in my opinion, vitriolic. It seems to me to be quite probable that if the defender is not prevented from doing so, he will continue to wage a campaign of sorts against the pursuer and accordingly I am prepared to pronounce a perpetual interdict."

Mr Hastings did not respond to calls from The Herald.

Married, drunk Borders lawyer attempted rape of female staff in Sheriff Court building, no charge, shocked Police ‘were ordered to give him lift home’

Police were told to ‘give lift’ to drunk lawyer who attempted to rape a member of staff at a local court in the Scottish Borders. SENSATIONAL TESTIMONY from a retired Police insider has revealed how a well known, married-with-a-family BORDERS SOLICITOR who attended a gathering at a court building in the Scottish Borders got so drunk and out of control, he dragged a female member of staff into a room and attempted to rape her, reports one of our journalists who has been given papers relating to the case. Yet while the woman pled for help after she escaped from the sex beast lawyer, shocked Police were simply told to “give him a lift home” instead of arresting the fiend.

The solicitor, who has been linked by media sources to a SIGNIFICANT FRAUD committed against one of his clients involving TENS OF THOUSANDS OF POUNDS which were never recovered, became drunk at a “social occasion” held at a court building in the Scottish Borders where a Sheriff and other ‘legal luminaries’ & solicitors were present.

The solicitor became so intoxicated and out of control during the drinking session in front of top Sheriffs & other lawyers, he began accosting a female member of staff from the local court whom he had been pestering for sex for months during his frequent appearances in front of Sheriffs on behalf of clients.

According to sources, the drunken solicitor “cornered the woman away from the main group of people in the room, then dragged her into a side room and began ripping at her clothes, demanding to have sex”.

The woman was allegedly told by the drunken solicitor “You know who I am, I am a lawyer and you cant do anything about it”.

According to reports in the case, the woman managed to free herself, rush to where the gathering was being held, and begged for help. One onlooker who recalled the event said the woman “was completely distraught, her clothes a mess and in tears”.

He added : “She was screaming for someone to get the creep away from her and do something about it but the lawyer then barged into the room as if nothing had happened and tried to deny everything.”

Among those present were Sheriffs, Police Officers, other solicitors, Scottish courts staff and local dignitaries.

However the victim of the attempted rape and others present who witnessed the spectacle were shocked to hear that instead of the lawyer being charged with a criminal offence, the Police on duty were instructed by an unnamed official at the gathering “to give the lawyer a lift back to [the town where he lived]”

Incredibly the Police did exactly as they were instructed, and took the drunken sex beast back to the town where his office is located, however he insisted on being dropped off at the side of the road only a few miles into the journey, and it was reported, began to make his way back to the scene of his attempted rape. It is alleged when one of the Police officers told him he wasn't going back to the court house, he made threats against the officers.

The insider who came forward about the incident, claimed the Police attending were ordered to take no action because those at the gathering, including Sheriffs & others would have ended up as witnesses to the violent incident.

The solicitor identified in the incident whose name is known to Scottish Law Reporter, is still working at his High Street law firm in the Scottish Borders which is registered to provide LEGAL AID.

According to the Scottish Legal Aid Board, his firm regularly claims for legal aid work amounting to TENS OF THOUSANDS OF POUNDS a year, representing among others, women in divorce cases. In one case it is claimed he coerced children involved in bitter separation battles to give false testimony in court hearings.

It has been revealed today the solicitor identified in the attempted rape has a very bad record of dealing with clients, and has been the subject of serious complaints to the Law Society of Scotland over property title irregularities and at least one large bank fraud. (Maybe SLAB should start going through his legal aid claims – Ed)

An insider from the local bar association said : “If any of his female clients were made aware of his dangerous sexual history they would run a mile. He is a danger to be anywhere near.”

The insider continued : “He should have been charged for what he did at the Sheriff court. I doubt his wife knows anything about it..”

Information provided by former employees of the solicitor suggest this is not the first incident of a sex attack committed by the solicitor identified in the court incident.

One former employee who did not wish to be named revealed the solicitor’s wife had previously filed for divorce against him.

She said : “He is such a ******* monster to work for. Do you know his wife left him because of the way he carries on and filed for divorce but when she heard he had been left a lot of money they got back together again.”

The former employee also revealed information on yet another incident, this time involving one of the solicitor’s now former employees. She continued : “One girl who used to work at the firm claimed he took her home and tried to rape her. She was sacked when she said she was going to report it.”

No one at the Scottish Courts Service was available to confirm or deny the description of the incident or to explain why the solicitor was not charged with criminal offences. No one from the Law Society of Scotland was available for comment.