Sunday, April 10, 2005

Adverse Press

The following report appeared in icWales today, linked here:

Spin doctor in debt row

Apr 10 2005


Marc Baker, Wales on Sunday

ROBERT Kilroy-Silk's General Election spin doctor was last night threatened with losing his home over a £14,000 debt.

David Soutter, who is helping to mastermind the campaign for Kilroy-Silk's party Veritas "The Party of Truth", was the focus of legal action expected to be launched by the Legal Services Commission.

The 46-year-old father-of-two, who is also chief of staff for the party and manages Kilroy-Silk's diary on a daily basis, has rebuffed the claim. His Surrey-based lawyers Don Capo and Co said he has sufficient money to pay any debt and he was not notified of an important hearing in the debt case.

The legal action follows the sale of an annexe to his home, called The Dairy, at Tranquil House, Milwr, near Holywell, North Wales for £160,000.

The property was sold with freehold through Holywell-based estate agents Town & Country last December.

A charging order was placed on the property after Mr Soutter was brought before Chester County Court in November 2001 by former friend Phil Butterworth for nine months unpaid rent on the property which he later bought from him.

Mr Butterworth, 57, of North Wales, received legal aid for the case which he later won. In losing the case, Mr Soutter and his wife Elizabeth were liable for all costs and a charge was placed on his property.

The order was lodged to ensure the Legal Services Commission - formerly the Legal Aid Board - re-couped all court costs on sale of the property.

The commission last week learned that Mr Soutter had sold The Dairy and last night vowed to start proceedings to get their money back.

Commission spokesman Richard Shand said: "David Soutter did not receive legal aid for the proceedings at Chester County Court in November 2001.

"Philip Butterworth, who did receive legal aid, was successful in these proceedings. A costs order for £14,405 was awarded.

"A charging order was placed on Tranquil House to recover these costs. This charging order remains on the property.

"In order to obtain the money owed to the Legal Services Commission, we have instructed solicitors to issue possession proceedings for the property.

"These proceedings will be issued imminently. Once possession of the property is obtained it will be sold to recover the costs order, plus interest."

David Soutter last night insisted he has the money to pay the Legal Services Commission, saying it is in the hands of his Wrexham-based solicitors Cyril Jones & Co.

But he claimed the debt is subject to counter legal action he intends to take against Mr Butterworth in respect of a £20,000 loan he says is owed to him. Mr Butterworth denies owing Mr Soutter any money.

Last night, Mr Soutter's lawyers Don Capo and Co, said he had indicated that the sum of costs being claimed under the charge has been paid as security to Cyril Jones & Co, pending further proceedings Mr Soutter intends to bring against Mr Butterworth for a debt of £20,000 he said was loaned to Mr Butterworth in 1999.

His lawyer said Mr Soutter was denied the right to bring his claims in the original county court proceedings in counterclaim to Mr Butterworth because at the time Mr Soutter had not paid the court fee required, though leave to bring the claim was given by the district judge.

The lawyer also claimed Mr Soutter had not been notified of a costs taxation hearing and as a result, there are questions over whether the costs order could be set aside or successfully appealed.

"Mr Soutter is more than able to meet payment for any debt that may be alleged," the lawyer said.

Mr Butterworth last night welcomed the intervention by the Legal Services Commission.

"I hope this brings an end to the matter for all our sakes," he said.

"I do not owe Mr Soutter a penny and I am not aware of this court case he intends to bring against me."

Robert Kilroy-Silk's party last night distanced itself from the row.

Veritas party secretary Michael Harvey said: "This is a civil matter between David Soutter and the Legal Services Commission. Veritas has no comment to make."

The party is fielding three candidates to gain seats in Wales in the May 5 election in Alyn & Deeside, Aberavon and Ceridigion.

Unquote

I have asked David Soutter for his explanation and will publish the response here upon its receipt.

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