Paul Motion > BTO Solicitors LLP > Edinburgh, Scotland > Lawyer Profile

BTO Solicitors LLP
ONE EDINBURGH QUAY
133 FOUNTAINBRIDGE
EDINBURGH
EH3 9QG
Scotland

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.

Memberships

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."

Lawyer Rankings

Scotland > TMT (technology, media and telecoms) > Media and entertainment

(Leading individuals)

Paul MotionBTO Solicitors LLP

BTO Solicitors LLP focuses on advising individuals and private companies on reputution management, including social media management, defamation proceedings, and strategic media advice. Solicitor advocate Paul Motion, who is dual accredited in data protection and freedom of information law, often advises clients in the music industry on artist management, recording and production contracts. The firm is also launching a music team following the hire of Jonathan Tait, who has a background in the music industry and music education.

Scotland > Public sector > Education

BTO Solicitors LLP handles a wide range of education sector work with a focus on sector-specific employment, cyber security and data protection matters alongside online reputation, charity law, construction and real estate issues, including litigation. Paul Motion leads the team.

Scotland > TMT (technology, media and telecoms) > Intellectual property

BTO Solicitors LLP is singled out for its contentious IP work including passing off matters, trade mark and copyright infringements, database infringements, restrictive covenant breaches, domain disputes, website IP disputes and content take-downs. The team’s client base spans a variety of sectors including the retail, charity, leisure, IT and media industries. Litigator Paul Motion heads up the group, which also fields newly promoted partner Lynn Richmond.