Letters / PEOs explained
Sustainable Shetland (SuS) bears no responsibility for how its letters are headlined in the press. Nor does it indulge in personal attacks. We also strive to avoid exaggerating, and to state the facts as we understand them. (Tactic designed to intimidate; SN, 22/10/13)
If however someone publicly offers an opinion with which the organisation begs to differ, it is hardly surprising that that individual’s name is mentioned in a response as a reference. That cannot realistically be construed as a personal attack.
The idea that the liability of each of SuS’s members for its legal costs is £5.56 is pure fantasy, and actually insults those who have personally donated – for them – very large amounts, in some cases extending to four figures.
Mr Barclay fails to understand the mechanism of a Protected Expenses Order (PEO).
If SuS were to lose its Judicial Review case, it would only have to pay £5,000 of Scottish Ministers’ legal fees. It would still have to pay all of its own legal fees, which amount presently to many thousands of pounds.
Currently, should SuS win the case, Scottish Ministers are obliged to pay up to £60,000 of those costs.
PEOs operate in order that ordinary citizens have access to justice, and nobody should be in any doubt that taking this legal course is extremely expensive.
Considering that the appeal lodged by the ministers will involve further costs, this particular PEO is due to be reviewed.
We know that there are rumours of a rich benefactor funding SuS, the implication being that we could not possibly afford to take such action without one. That, we can assure your readers, is also utter fantasy.
James Mackenzie
Vice-chair
Sustainable Shetland
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