the Bernera cafe/dog/legal aid saga - wtf?

[AuntieBiotics]

https://www.bbc.co.uk/news/articles/ced71ny99y5o

American woman living in Bernera is suing the local community run cafe because it would not admit her "emotional support" dog. She is being supported by the Ethnic Minorities Law Centre because Americans are ethnic minorities, and is being funded by Legal Aid. She wants £10k, which would shut them down.

I mean. What the actual fuck. Move to a tiny island with 250 people on it, claim you're being ostracised and harrassed and try to solve that by suing a charity? That'll sort it. And LEGAL FUCKING AID???

That was me, from this article https://www.welovestornoway.com/index.php/articles/43519-bernera-dog-case-fundraiser-smashes-gbp50k

Hopefully it's risen even further in the intervening days, and the community centre can be saved.

I hope they can also support the organization that had to spent £7K because they got mixed up with the cafe.

I don't understand why people move to rural communities and then make enemies of them. It's bizarre behaviour.

I could actually make a case that she’s so bloody needy and entitled that it’s effectively disabling her! I know someone who believes that their preferences are needs and must be accommodated. She’s quite unhappy. She’s aware no one likes her, no one likes her dog, no one wants to spend time with her so she’s lonely.
Her dog’s needs aren’t met. She and her dog barge through the world angry and upset because she’s totally unable to see beyond herself. I would assume neurodivergence is in play, but that doesn’t change the impact of her behaviour.

Didn't the legal charity have a professional duty to check that they were taking action against the right people? Could they be liable for the costs?

This is the bit I don’t get

The lawyers sued the wrong organisation, they should be liable for that.

Yes, you would really think so, wouldn't you?

I saw a suggestion on Facebook (i think) that businesses should be banning HER as is their right. That would remove accusations of discrimination

is that right?

I agree - how can an innocent third party be liable for the costs arising from defending an erroneous legal claim against them?

It depends on the assistance dog really. Some behaviours will be important, others may not be. Eg a guide dog is trained not to go for anything dropped on the ground as their owner cannot see what they are eating or take it off them. Another assistance dog wont be trained for that as their owner can stop them, or maybe it won't matter so much as long as the dog does what else its meant to.

My assistance dog doesn't care about cats but the local cats go for him every time he passes - he must have some kind of 'look' that cats don't like!

The registered assistance dog charities (the ones on the ADUK membership website like autism dogs, guide dogs, hearing dogs) are trained for like 2 years and tested around cats, children, offices, shops etc and any sign of bad behaviour, or behaviour that cannot be fixed through more training and they simply don't qualify. I heard of a guide dog in training that bolted across a field to steal an old man's walking stick and run off with it. Similarly a trainee hearing dog was scared of fireworks (many dogs are, to be fair) and it was felt the dog may not cope with loud fire alarms that it may have to alert their owner to.

that could lead to claims of victimisation - people have the right to claim discrimination without detriment for doing so, even if that claim is incorrect.

Right? I mean, the law really needs to sort this out!

Interesting article in today’s Herald
I don’t understand why the Trust had to lodge such detailed defences when basically they were being sued in error
Surely the claimant’s solicitor should have dropped the case against the Trust when advised by the Trust’s solicitor that the wrong party had been sued
Solicitors are officers of the court surely should not continue with a court action when it is made clear to them they are suing the wrong party
Can any litigation solicitor clarify this

I think the issue is that "making it clear they are suing the wrong party" is the bit that costs money. Lawyers don't do owt for nowt.

I understand that, but still don’t understand how it got to the stage of having to lodge detailed defences , which is what ran up the costs
I can’t imagine why a solicitor, having been told by another solicitor they had sued the wrong party, would do anything other than apologise and withdraw the action
Something has gone far wrong here

I know - you'd think it'd be as simple as picking up the phone and saying you've got the wrong folks, mate.

I feel really sad about that, the poor wee cat would have been terrified. The soul.

Also this woman sounds really unwell. I've also donated to the community cafe. Can't believe this has come about in the first place.

I agree. I know lawyers are expensive, but £7k is ridiculous - a quick phone to let them know they've got the wrong organisation, or a letter costing a couple of hundred pounds at most would surely have sufficed?

The article in the Herald seems to suggest that the pursuer’s solicitor Ethnic Law Centre ( funded by the taxpayer to help ethnic minorities) simply refused to accept they had the wrong defender and just kept going leaving the defender no option to defend the case

To me that is an abuse of progress and if true there should be consequences

I would have thought the defence could have put in a one line defence of they have sued the wrong party, rather than having to answer all 32 arguments, but maybe that’s not how it works

Has anyone posted the link about George Foulkes (I think) quitting the organisation that's backing the action?

ETA

https://www.pressreader.com/uk/the-national-scotland/20260905/281590952440455

This is what I find ridiculous

They shouldn’t have needed a lawyer to say “this lawsuit is not intended for us”!

That's good news that the organisation is coming under such scrutiny and a high profile patron stepping away.

Like everyone else I don't understand how they can get away with accusing the wrong community trust causing them to rack up a massive bill.

There's an article on her in the Stornoway Gazette. Apparently she has done similar in Hawaii as well as caused issues in New Mexico unsurprisingly. The screenshot is from the article and is as batshit as you would expect.

https://www.stornowaygazette.co.uk/business/the-international-trail-of-what-bernera-has-to-cope-with-8962414?fbclid=IwdGRjcAUJY1ljbGNrBQljGHBkb2YFZXh0bgNhZW0CMTEAc3J0YwZhcHBfaWQMMzUwNjg1NTMxNzI4AAEeyhj3c-iVRZJN8Bp3N5y3R5DbWaFwPo1q9q2XM6rx3Vm1idc4P3zmLZyIPo0_aem_GAWT15vr1uAsOdQGyqON5g

I hope the community all just stop serving her. A private business surely has a right to refuse to serve someone. So if she struggles to get supplies and buy stuff maybe she'll feck off elsewhere.

Horrible awful person.