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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 

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.

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.

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.

Member

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.

Education

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

Leisure

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: 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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