Lord Malcolm has rejected our application for a protected expenses order again.

A few people asking what a protected expenses order is so allow me to explain.
We launched the people's action crowdfunder to raise funds to pay our lawyers. A protected expenses order limits liability for fees to the other side. In otherwords, if we win, the Governments would only be liable for a percentage of the fees.
This is good because it limits the fees that the taxpayer would have to fork out to us in a win. In other words, good fiduciary responsibility. At the same time. If we were to lose, it would limit my personal liability (because I am the named pursuer) for fees to the UK Gov.
Put simply, both sides would be responsible for their own fees and a limitation on liability to the other side.
A protected expenses order is the only reason that cases like the Wightman and Cherry cases were able to proceed. Because liability was capped.
As things stand with this case. The money in the crowdfunded pays the fees of our lawyers. However without a protected expenses order, if we win, the way CrowdJustice works, any fees we would recover from the other side would goto the access to justice charity.
Which is one of the reasons we chose CrowdJustice. HOWEVER, if we lose. I now face being bankrupted by the Government because I am personally liable to all costs to the other side.

So yeah! That's it in a nutshell.

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More from @MartinJKeatings

23 Feb
Because things are never as they seem. One has to ask if this entire NS/AS situation is actually a product of the crown to pit the yes movement against each other while also trying to take out both NS and AS, which when united in 2014 were a force to be reckoned with.
I say that as someone with direct experience of the Lord Advocate - who I can genuinely say I trust less than Harold shipman doing rounds on a COVID ward.
Perfect example, the "its not for the pursuer to stand in the shoes of parliamentarian" line. That appeared in arguments written for the Scottish Government (not parliament) but remember one important thing - The lord advocate was REPRESENTING BOTH.
Read 19 tweets
22 Feb
Important to note that had "parliamentarians" stood with #peoplesas30, this would have likely been granted. But seeing as though the SNP leadership have been whipping them from day one, not to get involved in a case that would prove THEIR bill lawful...well...you decide!
This leaves me with two choices-

1. Abandon the case to protect myself; or
2. Continue the case, risk losing and risk bankruptcy.
It's a big decision to make but I think it's going to have to be number 2, and if I am going to be forced to go down at the hands of Government for simply trying to ask a simple and reasonable question about our right to be fully informed before an election....
Read 6 tweets
22 Feb
The Scottish Government had no involvement with the SNP's route map. In other words, NO SCRUTINY ON WHETHER IT WAS FACTUAL. And considering the lawfulness of that bill is one of two major matters in the #peoplesas30. We could tell that.
The #PeoplesAS30 is trying to establish that the Scottish Parliament has the power to hold a referendum without permission from Westminster. I have stated many times that this means also establishing the fact that they can pass the draft bill the SNP are proposing.
I also said that the SNP simultaneously claiming it was lawful, but then stating right at the back of it, that they expect a legal challenge shows us that they are not sure if it is or isn't lawful. Because you can't assert something to be lawful, and expect legal challenge.
Read 5 tweets
21 Feb
I have vehemently stayed away from expressing an opinion on certain rights debates at the moment, and that's not because I have no interest, or am being dismissive of it. I'm an optimist - I believe a solution can be found to enshrining the rights of one group without....
....diminishing the rights of others.

No, my focus has been on the larger threat to the human rights of all of us. A post-Brexit Tory UK Government.

With independence, we have the ability to enshrine rights for everyone, without having our nation's hands tied behind our backs.
But right now, the biggest threat we face is a right-wing Tory Government that has the power to overturn the rights already won over hundreds of years. All of which, if we do not act now and move to independence, will be sacrificed on the altar of shareholder dividends.
Read 7 tweets
20 Feb
If you love the SNP vote for them on the constituency ballot.

If you hate the SNP vote for them on the constituency ballot because the only thing holding them together is independence so they'll disintegrate after indy.
If you love the SNP vote AFI on the list so they can support them wholeheartedly on the question of independence.

If you hate the SNP vote AFI on the list because they'll keep on at the SNP about delivering independence (their sole goal) and keep them honest.
I guess what I am saying is that love em or hate em, everyone wins with SNP 1 / AFI 2.
Read 4 tweets
20 Feb
So I have been up to the eyeballs this week building the new home for AFI on the web (the website). Should be online in the next week with easy access for everyone. Woohoo!
The AFI team now churning along and gaining speed. Just like Scotrail - we're getting there!
Choooo chooo.
Read 4 tweets

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