TWO community organisations in the Outer Hebrides face financial ruin following a legal battle launched by an American woman and funded by Legal Aid over a row about her dog not being allowed into a cafe.
The small charity, Bernera Community Development Trust, and the community organisation, Bernera Community Association, have warned they face bankruptcy due to thousands of pounds in legal costs mounting up following a court challenge from Claire Kellerman, according to the Stornoway Gazette.
Kellerman reportedly moved to Lewis four years ago, from California, and is the adoptive daughter of Sally Kellerman, who played the part of Hot Lips Houlihan in the 70s American war comedy film MASH.
She initially launched a court challenge against the Development Trust, which ran up legal costs of more than £7000, before Kellerman’s lawyers admitted in court that the action was directed against the wrong organisation.
Kellerman’s agents launched proceedings against the Development Trust, which has no connections with the community cafe, over a claim that her dog was denied access to the premises.
Legal documents have since been amended to bring a claim against the Bernera Community Association, which runs the cafe voluntarily, for £10,000.
Last week, the case raised by Kellerman via the publicly-funded Ethnic Minorities Law Centre in Glasgow, a non-profit making charity which provides legal advocacy for minority ethnic communities, was decided to continue for legal debate in December at a Stornoway Sheriff Court.
However, the Association, which provides community services on Bernera, has warned that it faces potential bankruptcy if legal costs continue to mount with the organisation having to divert normal fund-raising efforts into legal fees to fight Kellerman’s case.
While costs were awarded to the Trust, the organisation has said it was of no value since Legal Aid protects Kellerman from payment of costs.
There has been frustration from the organisations towards the Scottish Legal Aid Board as it has continued to underwrite Kellerman’s legal challenge, despite being informed that the initial case was directed against the wrong party.
There have also been questions raised as to why the legal aid certificate was allowed to be transferred to her revised action.
Donald Mackinnon, Scottish Labour MSP for Na h-Eileanan an Iar, has since written to the Scottish Legal Aid Board, asking for an “urgent review” of their position as they said Kellerman’s application was “handled thoroughly, properly and entirely in line with all legal aid rules and guidance”.
Mackinnon wrote: “ This case raises broader concerns about the safeguards applied when public funds are used to support litigation. Legal aid serves an important role in ensuring access to justice. However, it is equally important that publicly funded litigation is subject to appropriate scrutiny regarding its legal basis, prospects of success and overall reasonableness”.
He questioned the “reasonableness” about continuing to provide legal aid cover in this case. “It is a matter of concern that a review of basic information was not pursued, such as publicly available documents and Companies House records, which would have confirmed that GBCDT was an erroneously named party.
“As a consequence of this, GBCDT incurred legal costs with considerable stress and diversion of time and resources from its charitable and community activities.”
He added: “I am further concerned by the decision to permit the continuation of legal aid following extensive amendment of the writ.
“My understanding is that the original writ was amended on numerous occasions and ultimately substituted a different defender, namely Bernera Community Association. This would constitute not a minor procedural amendment but a fundamental change to the identity of the party being sued. Notwithstanding this substantial alteration, the legal aid certificate was apparently permitted to continue in support of the amended action”.
When asked about Kellerman’s application the Scottish Legal Aid Board told the Stornoway Gazette that no payments have yet been made to the Ethnic Minorities Law Centre.
They said:“We have carefully reviewed the matter at a senior level and can confirm that the application was handled thoroughly, properly and entirely in line with all legal aid rules and guidance.
“All potentially relevant information was provided and considered as part of our assessment of the application, including in relation to the applicant’s financial circumstances. Solicitors have a duty to report to us if anything happens as a case progresses that might be relevant to the continuing grant of legal aid”.
Asked if the case had been drawn to the attention of the quango’s board, they replied: “The Chair is aware of the previous press coverage in relation to this case. However, our board (and Chair) have no role in relation to decision-making on individual cases such as this”.
Kellerman is reportedly known on the island for allegedly repeatedly threatening business owners with legal action over her right to bring her dog onto premises.
She has also been accused of shouting at staff, using abusive language, and in some cases bringing staff members to tears with her actions.
