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Data Protection, Technology & IP, Intellectual Property, Media & Entertainment, Commercial Dispute Resolution, Public Law, Human Rights Law, Planning and Judicial Review.
Partner and Solicitor Advocate
32 years qualified, a versatile and highly experienced civil Solicitor Advocate who has used his Rights of Audience continuously and prominently since 1998. Has conducted his own cases, been led by Senior Counsel, and led junior Solicitor Advocates. A recognised expert in Data Protection and contentious IT/IP, he has run many ground breaking cases, for example, the only successful UK appeal against a Data Protection Monetary Penalty (£250k - Scottish Borders Council -v- ICO). He has two active court cases seeking distress compensation under the Data Protection Act 1998. He ran the first Scottish case on minority shareholder “derivative actions” (Wishart -v- Castlecroft); a judicial review seeking a Protective Expenses Order (Newton Mearns Flood Prevention Group); was instructing agent in the first appeal against a Planning Local Review Body (Carroll -v- Scottish Borders Council) and acted as Solicitor Advocate in an eight-day trial involving contentious public procurement (Aquatron). He represents clients in ADR such as mediations, arbitrations, domain name proceedings and trade mark proceedings. In June 2014, he conducted a mediation involving seven parties which ran for 20 hours. In 2012, he ran a Court of Session case and simultaneously presented complaints to Nominet and WIPO under the DRS and ICANN-UDRP disputes procedures, relating to domain names for ‘payday loan’ websites. Paul is presently conducting a complex arbitration involving a Spanish time-share resort. He is presently acting for the trade mark owner in contested trade mark cancellation proceedings. Over many years he has carried out several "Dawn Raids" in commercial and IP cases (e.g. Apex Chemicals). He has conducted numerous cases involving urgent interdict (injunction) orders, such as internet harassment, IP infringements, breaches of restrictive covenants, trade mark infringement, passing-off and theft of confidential information/trade secrets.
Almost uniquely in Scotland, Paul is equally at home with non-contentious IT/IP work including contracts, software development agreements, SLAs and licensing. In 2015 he was part of the team representing a cloud provider which was a tender bidder to a Scottish university, in a full-day Competitive Dialogue meeting that discussed the bidder’s proposal and the University’s proposed contracts. He is also one of a small number of Scottish solicitors who deal with music recording and production contracts, as well as artist management contracts.
Partner, BTO Solicitors LLP (2006 - present); Partner, Ledingham Chalmers (1999 – 2006); Solicitor, Fyfe Ireland WS (1995-1999); Solicitor, Steedman Ramage WS (1994-1995); Solicitor, Bell Gully, Auckland NZ, (1990 – 1993), Solicitor, Dundas & Wilson CS (1986 – 1990), Solicitor Allan McDougall & Co (1984 – 1986), Trainee, Shepherd & Wedderburn WS (1982 – 1984).
Convenor of the Law Society of Scotland's Technology Committee (2000 – 2016); Board Member (2009 – 2011) and immediate past Chairman (2005 – 2011) of the Scottish Society for Computers and Law; Immediate Past Civil Vice President of the Society of Solicitor Advocates (2010 – 2011); [Secretary 2002 – 2010]. Member of the Society of Writers to Her Majesty’s Signet 2004.
Director of Recycle to Cycle Limited t/a The Bike Station.
Regular contributor to national and legal press in relation to technology issues since 2000. Since 2009, Paul has appeared at Edinburgh Fringe presenting three ‘shows’ annually dealing with copyright matters, aimed at artist managers, writers, producers and venue managers. Has given several BBC Radio interviews about internet law and social media.
Law Society of Scotland; convenor Law Society of Scotland’s Technology Committee; past board member and chairman Scottish Society for Computers and Law; Society of Solicitor Advocates; Society of Writers to Her Majesty’s Signet 2004.
Kirkcaldy High School; Aberdeen University (1981 LLB; 1982 Dip LP; 1984 NP).
Scottish Regional Representative for 'Vulcan to the Sky' aircraft preservation project (2010-2015); asked to fulfil same role for VTTS’s new project to return a Canberra bomber to flight (2016); Scottish and Northern Area Representative of Avro Shackleton Return to Flight project (2015 – date); running half marathons, DIY.
Scotland: TMT (technology, media and telecoms)
Within: Intellectual property
BTO Solicitors LLP advises on commercialisation agreements and design rights litigation. Paul Motion represented The Door Company in a web domain dispute.
Media and entertainment
Within: Media and entertainment
At BTO Solicitors LLPPaul Motion advises claimants on defamation matters regarding social and traditional media, as well as on press regulation issues.