As befits an experienced lawyer, and one who has tilted at windmills before – for it was he who stole the Stone of Destiny, symbol of Scottish independence, from Westminster Abbey, Ian Hamilton is asking for the case to be heard in his local small claims court – where he risks only £150; RBS is arguing that the case is so complicated that it must be heard in a higher court, thus putting him at risk of horrendous costs if he loses the case.
This won’t just be about compensation for the loss of a relatively puny amount – this will be about access to justice; the amount he is claiming is entitled to be heard in the small claims court, if RBS force the case into a higher court and he is unable to afford the potential losses then access to justice will have been denied simply by the defendants complicating their defence.
When a terror suspect who is going to be deported and has been living on tax payers money to the tune of £50,000 a year for the past eight years, can get legal aid to fight his deportation and take a human rights case to the European Court of Justice, but a pensioner cannot afford redress when a bank costs him his savings then we know that there is no justice for the ‘little people’.
Support Ian Hamilton – keep an eye on this case. The Sheriff has adjourned the case for a week to give himself more ‘time to think’ – the outcome will be important for all of us.