Island groups face ruin after US woman raises legal claim over her dog
Claire Kellerman has raised a claim against a community organisation which is now facing potential bankruptcy amid mounting legal costs
A second community organisation in the Western Isles is facing financial ruin following legal action by an American woman who has been involved in disputes with businesses on Lewis, mainly over rights of access for her dog.
At Stornoway Sheriff Court last week, a case raised by Claire Kellerman via the publicly-funded Ethnic Minorities Law Centre in Glasgow, was continued for legal debate in December piling further costs upon Bernera Community Association.
Ms Kellerman arrived in Lewis about four years ago and comes from a privileged background in California where her aunt, and adoptive mother, was acress Sally Kellerman, who played the part of “Hot Lips Houlihan” in the 1970 film M*A*S*H.
Ms Kellerman’s action was originally directed against Bernera Community Development Trust, a small charity which has nothing to do with the community café which was at the centre of Ms Kellerman’s complaint about her dog not being admitted.
The Development Trust ran up legal costs of over £7,000 before Ms Kellerman’s agents admitted in court that the action was directed against the wrong organisation. At that point, it was amended in order to sue Bernera Community Association, which runs the café on a voluntary basis, for £10,000.
The Association, which provides many community services on Bernera, confirmed this week that it faces potential bankruptcy if legal costs continue to mount. Normal fundraising efforts are being diverted into legal fees to contest Ms Kellerman’s action, it said.
Much of the frustration felt by those subjected to Ms Kellerman’s action is directed towards the Scottish Legal Aid Board which has continued to underwrite Ms Kellerman’s activities – in spite of being told in advance of the initial case that it was directed against the wrong party. They then allowed the legal aid certificate to be transferred to her revised action.
While costs were awarded to Bernera Community Development Trust, this was of no value since the fact she benefits from Legal Aid protects Ms Kellerman from payment of costs.
This week, the Scottish Legal Aid Board said that no payments have yet been made to the Ethnic Minorities Law Centre who are representing Ms Kellerman.
They said: “We have carefully reviewed the matter at a senior level and can confirm that the application was handled thoroughly, properly and entirely in line with all legal aid rules and guidance.”
Donald Mackinnon MSP has written to the Scottish Legal Aid Board, asking for an “urgent review” of their position.
Mr Mackinnon wrote: “This case raises broader concerns about the safeguards applied when public funds are used to support litigation. Legal aid serves an important role in ensuring access to justice. However, it is equally important that publicly funded litigation is subject to appropriate scrutiny regarding its legal basis, prospects of success and overall reasonableness”.
He added: “It is a matter of concern that a review of basic information was not pursued, such as publicly available documents and Companies House records, which would have confirmed that GBCDT was an erroneously named party.
“As a consequence of this, GBCDT incurred legal costs with considerable stress and diversion of time and resources from its charitable and community activities.
“I am further concerned by the decision to permit the continuation of legal aid following extensive amendment of the writ.”
Several Stornoway business owners and operators claim to have been on the receiving end of Ms Kellerman’s alleged behaviour, with claims she shouted at staff, threatened legal action, used abusive language and insisted on her right to bring her dog onto premises.
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