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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: Real estate

Social housing

Within: Social housing

BTO Solicitors LLP has been engaged in the social housing sector for four decades, and its team has a first-rate reputation in strategically significant mandates. Karen Brodie, and associates Marieclaire Reid and Lesley Gray, have been advising Clyde Valley Housing Association Limited on the acquisition of a number of development sites as part of its ambitious development programme. The team has also acted for Southside Housing Association in various matters; Brodie is assisting the client with a community hub project, which will receive Big Lottery funding and will be taken forward with another local community organisation. Team head Patrice Fabien recently advised the same client on governance issues, including updates to its Code of Conduct for Governing Body Members, and on a response to a complaint by a bidder over the client's approach to a procurement exercise. Grant Hunter oversees the firm's RSL litigation work and is experienced in disputes arising from tenancy breaches, stock transfers and development projects. Caroline Carr and Marion Davis are accredited by the Law Society of Scotland as specialists in employment law and charities law respectively, while consultant Ann O’Connell is an accredited construction law specialist. David Young is knowledgeable about debt recovery, tenancy litigation, factoring and ASBOs. Sandra Cassels and Paul Motion are also recommended.

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