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BTO Solicitors LLP

ONE EDINBURGH QUAY, 133 FOUNTAINBRIDGE, EDINBURGH, EH3 9QG, SCOTLAND
Tel:
Work 0131 222 2939
Fax:
Fax 0131 222 2949
DX:
ED77 EDINBURGH
Email:
Web:
www.bto.co.uk
Edinburgh, Glasgow

Paul Motion

Tel:
Work 0131 222 2932
Email:
BTO Solicitors LLP

Work Department

Data Protection, Technology & IP, Intellectual Property, Media & Entertainment, Commercial Dispute Resolution, Public Law, Human Rights Law, Planning and Judicial Review.

Position

Partner and Solicitor Advocate 

Paul has been qualified 34 years. He is an accredited specialist in freedom of information and data protection law, currently the only such accredited specialist in private practice in Scotland.

He is also a versatile and highly experienced civil Solicitor Advocate who has used his Rights of Audience continuously and prominently since 1998.

Paul has advised colleges, private schools, councils, Registered Social Landlords, law firms, accountants and SMEs on a variety of DPA/GDPR, PECR, Freedom of Information and Environmental Information issues. He has run many ground breaking cases, for example:

Appeared before the First Tier (Information Rights) Tribunal, representing Scottish Borders Council v ICO. A £250,000 DPA 1998 Monetary Penalty was cancelled by the Tribunal. The only successful such appeal in the UK to date. Paul was lead counsel with BTO Partner (then Associate) Laura Irvine.

Appeared in Edinburgh Sheriff Court in January 2017 to successfully obtain £18,000 DPA 1998 distress damages for a family subjected to CCTV surveillance including audio recording (Woolley –v- Akbar).

Appeared in Edinburgh Sheriff Court in April 2017 to successfully defend a golf course operator against a DPA 1998 distress damages claim (Rohan Beyts –v- Trump International Golf Links Scotland Limited).

He has provided data protection advice and comment for almost two decades, advising on a wide range of data protection issues including: telecare, common area surveillance, Subject Access Requests, neighbour complaints and covert CCTV/audio recording of care workers by service users’ families. 

Complementing his data protection experience, Paul has a well-known practice in defamation, media and social media law which is increasingly called upon by his clients who have ranged from politicians to record production companies. For the past ten years he has presented an annual event at the Edinburgh Fringe to explain his areas of interest to artist managers, artists, producers and authors.

Career

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).

Memberships:

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 2012-2017.

Regular contributor to national and legal press in relation to technology issues since 2000. Since 2009, Paul has appeared at Edinburgh Fringe presenting ‘shows’ annually dealing with various facets of his practice that are relevant to the creative sector aimed at artist managers, writers, producers and venue managers. Has given several BBC Radio interviews about internet law and social media.

Languages

English.

Member

Law Society of Scotland; Convenor Law Society of Scotland’s Technology Committee 2000-2016; past board member and chairman Scottish Society for Computers and Law; Secretary then Civil VP,Society of Solicitor Advocates; Society of Writers to Her Majesty’s Signet 2004.

Education

Kirkcaldy High School; Aberdeen University (1981 LLB; 1982 Dip LP; 1984 NP).

Leisure

Cycling, running, DIY, travel, Scottish Region representative of 'Vulcan to the Sky' aircraft project: "XH558 - Honouring the Past/ Inspiring the Future."


Scotland: Dispute resolution

Commercial litigation

Within: Commercial litigation

BTO Solicitors LLP’s sizeable team includes 14 solicitor advocates, four qualified mediators and an appointed adjudicator. The group handles a broad cross-section of contentious matters, including banking and commercial disputes, oil and gas matters, professional negligence, and contentious construction and sports law issues. Tony Jones, who has been involved in more than 40 reported decisions, is acting for Community Windpower as the pursuer in litigation arising from the allegedly defective construction of a 16-turbine wind farm. Jones co-heads the practice with Grant Hunter. Bill Speirs has experience of cross-border disputes and a track record in commercial and insurance litigation dating back to the early 1980s. Paul Motion heads the data protection and intellectual property teams and manages disputes related to commercial contracts and renewable energy. Dorothy Hatfield and recently promoted partner David Young are also recommended.

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Scotland: Real estate

Social housing

Within: Social housing

BTO Solicitors LLP has a track record in the social housing sector dating back to the 1970s, and is particularly known for acting for RSLs. Patrice Fabien leads the group, which includes commercial conveyancing expert Karen Brodie. Brodie acted alongside Marieclaire Reid and Lesley Gray for Clyde Valley Housing Association on its acquisition of 13 separate development sites as part of an ambitious development programme. Grant Hunter assists with all forms of dispute resolution (including litigation, arbitration and mediation), and is experienced in contentious matters arising from development projects and tenement refurbishment programmes. David Young handles a variety of issues, such as antisocial behaviour, tenancy litigation and factoring. Also recommended are employment law specialists Caroline Carr and David Hoey, construction law expert Sandra Cassels, and Paul Motion, who is advising Oak Tree Housing Association on the data protection aspects of the Common Housing Register. Kingdom Housing Association, Partick Housing Association and Grampian Housing Association are also clients.

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Scotland: TMT (technology, media and telecoms)

Intellectual property

Within: Intellectual property

BTO Solicitors LLP is dedicated to contentious IP work, handling trade mark and copyright infringement cases alongside domain and website IP disputes, while also advising clients on domain names, IP licensing and trade mark matters, including registrations and applications. Paul Motion heads the team.

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Media and entertainment

Within: Media and entertainment

BTO Solicitors LLP acts for individuals and organisations in defamation and reputation matters pertaining to social and traditional media publications. Team head Paul Motion advised Trump International Golf Links Scotland on material published on Facebook and in several UK national newspapers, while also representing the client in court proceedings for damages under the Data Protection Act 1998. The team also advised politician Mohammad Sarwar on reputation issues following Scottish media reports over allegations made by a former business associate who claimed that certain parts of the client’s autobiography were fabricated and selective. Other key mandates included advising former SNP councillor Julie McAnulty on defamatory issues, and acting for Mactaggart & Mickel Homes in interdict actions against an individual who had started a campaign of criticism against the client on social media. Tony Jones is also recommended.

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