Chess Scotland Noticeboard

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

Siegrun, you have asked how you might help. There is currently an epetition to MSPs about the overuse of control orders in Scotland. You can sign and join the discussion.

http://epetitions.scottish.parliament.uk/view_petition.asp?PetitionID=363

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

At the Options Hearing today, Claire was represented by a lawyer found by Dr Jean Turner of the Scotland Patients Association .

We had found it exceedingly difficult to find a lawyer before this as mental health lawyers are very thin on the ground, too deferential to psychiatrists, like to be paid by legal aid (we are paying through our own funds), and like someone to be still on a section (Claire's section finished 2 years ago)

We asked for a 4 week continuation to allow our lawyer more time to understand the case. This was granted by the sheriff and another Options Hearing will take place on 23rd April

Andrew Muir

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

Yesterday our lawyer said he did not want to represent Claire in her up-and-coming court case
This means Claire will have to represent herself.

Claire may intellectually be able to represent herself but she will find it very difficult to control her emotions and she will not know the correct legal procedures.

I also know another chess player who will be representing themselves shortly at a mental health hearing through lack of a suitable lawyer.

If anyone knows of a qualified lawyer who is available to represent us at Dumbarton Sheriff Court on 23 April, please contact me urgently - andrew.muir@blueyonder.co.uk , tel 01389-764650

Stephen Hamilton · Rook Joined: 19 Apr 2007 Posts: 71

I'm afraid my legal knowledge is neglible so I can only base my comment on American TV court drama - but is the court perhaps required to appoint a lawyer in these circumstances? I would have thought the right to legal representation in a Court of Law was a fairly basic Human Right in our democracy?

AMcHarg · Posted: Thu Apr 08, 2010 11:23 am Post subject:

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

Claire represented herself in court again yesterday at another hearing. This is the 5th time we have gone to court and there are at least two more hearings coming up. These are only preliminary hearings and the more important hearings will be later. This is taking up an awful lot of my time both in correspondence and in trying to understand Scots law. Also, I have to start a new job in Stirling on Monday for the next 12 months. The only chess I can play in the near future is bad chess.

People have been kind enough to give lawyer contact details but any lawyers we have contacted can only give conditional representation and need some sort of guarantee that we will win before they can represent us, which of course we cannot do.

I have asked this before but if anyone knows of any lawyer who can unconditionally represent my wife in court in an important human rights case (probably in the autumn) please contact me.

George Thomson · Rook Joined: 17 Oct 2008 Posts: 51

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

Our court action has been going 11 months now. So far 9 appearances in court with 5 more dates booked in the autumn.

The NHS asked us to deposit £50,000 as Caution (to cover their costs). This was refused by the Sheriff. They also made a search of what properties we owned and once they found out we owned a property in Dumbarton they made a veiled threat to have it taken off us to pay for their costs. If we lose the house I will probably go back to live with my parents as they are still alive and they would welcome someone to look after them in their old age. Alternatively Claire’s mum lives in Chelmsford and we could all move down there to live with her.

There are 150 Human Rights lawyers on the Law Society website. 60 refused to help us. Two promised to help us, asked for a deposit, pocketed the fees, then refused to help. We have started to complain about them too now. Claire now represents herself at all hearings. I am not allowed to say anything in court. I was told by the Sheriff to shut up when he saw me moving my mouth at an opposition lie. We actually found at the last hearing a Human Rights lawyer on the defenders side.

The hospital where Claire was kept has been closed. A patient set fire to his bedclothes and the patients have all been moved to Gartnavel, Glasgow. This is one of the few options you have when you are detained against your will. There are discussions as to whether it should be reopened or not. It may cost £500,000. A public meeting in September will be held at a local church about this. We have issues with the minister at this church as we believe he has covered up the situation as he is also hospital chaplain.

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

Claire lost the first of her 3 court cases on Wednesday.
This was against a solicitor who was telling many lies against her at mental health tribunals in order to keep her imprisoned.
The sheriff at Dumbarton Sheriff Court dismissed Claire's case and awarded full costs to the solicitor.
Claire is now scared of bankruptcy and more lies being told against her at these private courts.
We are having a crisis meeting with our MSP Jackie Baillie (shadow health minister) tomorrow and I am doing a one-man protest with banners at a church NHS meeting on wednesday. I am glad they moved the fixtures meeting to thursday. I can go now so long as I am not arrested. I already have a breach of the peace conviction for a rant last april at the doctors.
Claire does not feel safe in Scotland and wants to leave. I have said I will
go with her to England if she wants.
Scary but true !

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

Claire lost the 2nd of her 3 court cases yesterday against the social worker.

The 3rd case against the psychiatrist was held two weeks ago and the sheriff is still deliberating over the next steps.

Very distressing time for me and Claire. We have been left with large legal bills. Also the social worker, his status now enhanced, lives within 2 miles from us and is monitoring us all the time waiting for more intervention.

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

http://www.bbc.co.uk/news/uk-scotland-glasgow-west-12182258

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

I finished my contract with Prudential yesterday, no relaxation though, our Mental Health Officer has taken fresh legal action against Claire and me , so we're back in court in 3 weeks time, some sort of asbo, threatened with arrest, will go to citizen's advice tomorrow

A Muir · King Joined: 15 Feb 2007 Posts: 489 Location: Dumbarton

wasted another morning in court today
sheriff humiliated self + wife
persecuted over thought crimes
got to go back in august for repeat of nonsense
I sincerely hope Scotland doesn't become independent if this is an example of our public sector - on the way to 3rd largest % behind Cuba & Iraq.
I have started twitter account , my life is so crazy