Paul Motion

Practice Areas

Paul is a versatile and highly experienced civil Solicitor Advocate who has used his Rights of Audience continuously and prominently since 1998. He has been qualified 39 years. In 2018 he became the first Accredited Specialist in freedom of information and data protection law, in private practice, in Scotland.

Paul is one of the most experienced commercial litigation solicitors practising in Scotland. He qualified in 1984 and so has been practising for 38 years. He has been a solicitor advocate since 1998. He practised in New Zealand between 1990 and 1993 appearing as counsel at many levels including the New Zealand Court of Appeal in 1991.

Paul is the current Convener of the Law Society of Scotland’s Extended Civil Rights of Audience training programme.

Amongst the vast range of litigation Paul has handled during his long career are included many judicial reviews (two in 2022) and two international arbitrations together with related Court of Session appeals (in 2016/2018 and 2019/2022). Paul has handled many complex company and shareholder disputes. In 2021 he was involved in a multi-jurisdictional £58m shareholder dispute involving Scotland, England, Cyprus, China and the Cayman Islands. Paul is often called upon to carry out emergency litigation and has huge experience in dealing with interdict (injunction) applications as well as “Dawn Raids” (*formerly Anton Piller orders in England). He dealt with an urgent injunction in the High Court Queens Bench Division over Christmas 2021/2022, seeking to restrain the holding of a meeting. He appeared in 2008/9 in the Wishart case which remains the leading Scottish authority on shareholder derivative actions: ALEXANDER MARSHALL WISHART v. CASTLECROFT SECURITIES LIMITED AND OTHERS (scotcourts.gov.uk)

Paul is also recognised in Scotland as a leading practitioner in data protection (one of only three Accredited Specialists in private practice in Scotland), social media and reputational law. He is regularly in court on these matters. See CAROL BEYTS AGAINST TRUMP INTERNATIONAL GOLF CLUB SCOTLAND LIMITED (scotcourts.gov.uk); ANTHONY WOOLLEY AND DEBORAH WOOLLEY AGAINST NAHID AKBAR OR AKRAM (scotcourts.gov.uk); and Heather Hiram -v- Alana Mullen 2020scedin23.pdf (scotcourts.gov.uk) He has contributed comment to BBC Radio Scotland and BBC Five Live Drive on these topics, often at short notice. He writes articles for the legal and mainstream media and lectures on his subjects regularly. He has also engaged with Facebook, Twitter, TripAdvisor and US news websites in relation to reputational matters.

Paul founded and heads BTO BeCreative, a niche team focused on servicing the legal needs of the Scottish creative industries. He devised and presented seminar/workshops at the Edinburgh Festival Fringe to an audience of theatrical agents and managers for the ten years.

Paul was instrumental in persuading BTO to set up RGDP LLP in 2019. This is a JV company in which BTO’s partner is ComputerLaw Training. RGDP which provides outsourced Data Protection Officer services to nearly 90 customers. Paul is the Board Chairman of RGDP LLP.

Career

Partner, BTO Solicitors LLP (2006 - present); Partner, Ledingham Chalmers (1999 – 2006); Solicitor, Fyfe Ireland WS (1995-1999); Solicitor, Steedman Ramage WS (1994-1995); Solicitor, Bell Gully, Auckland NZ, (1990 – 1993), Solicitor, Dundas & Wilson CS (1986 – 1990), Solicitor Allan McDougall & Co (1984 – 1986), Trainee, Shepherd & Wedderburn WS (1982 – 1984).

Professional Memberships

Notary Public 1984; Convenor of the Law Society of Scotland's Technology Committee (2000 – 2016); Board Member (2009 – 2011) and past Chairman (2005 – 2011) of the Scottish Society for Computers and Law; Civil Vice President of the Society of Solicitor Advocates (2010 – 2011) and Secretary thereof 2002 – 2010. Member of the Society of Writers to Her Majesty’s Signet 2004 onwards.

Director of Recycle to Cycle Limited t/a The Bike Station 2012-2017.

Regular contributor to national and legal press in relation to technology issues since 2000. Since 2009, Paul has appeared at Edinburgh Fringe presenting ‘shows’ annually dealing with various facets of his practice that are relevant to the creative sector aimed at artist managers, writers, producers and venue managers. Has given several BBC Radio interviews about internet law and social media.

Personal

Ran his first marathon 2019, plays in a band, DIY, travel; Scottish Region representative of ‘XH558 Vulcan to the Sky' aircraft project 2011 - 2016.