Two Bernera community organisations say mounting legal costs from a court case over a dog being refused entry to a café are threatening their future.

A small charity and a community association on Great Bernera have warned they could face financial ruin as legal costs continue to mount in a dispute involving an American woman and her dog.

Bernera Community Development Trust (BCDT) and Bernera Community Association say thousands of pounds have already been spent dealing with the legal action brought by Claire Kellerman, who reportedly moved to Lewis from California around four years ago.

The case centres on an allegation that Ms Kellerman's dog was refused entry to a community café on Bernera.
Legal proceedings were initially brought against BCDT, despite the Trust having no connection with the café.

The Trust says it has incurred more than £7,000 in legal costs as a result.

Kellerman's legal representatives subsequently acknowledged in court that the wrong organisation had been named and proceedings were amended to bring the action against Bernera Community Association, which runs the café on a voluntary basis.

The revised action seeks £10,000 in damages.

The case was heard at Stornoway Sheriff Court last week, when it was agreed that it should proceed to a legal debate in December.

However, the Association has warned that continued legal costs could put its future at risk, with fundraising that would normally support community activities instead being diverted towards defending the case.

The Trust has been awarded costs in relation to the original action, but says the award is of little practical benefit because Ms Kellerman has legal aid protection from having to meet costs.

The organisations have expressed frustration with the Scottish Legal Aid Board, questioning why publicly funded legal support was allowed to continue after the original action was found to have named the wrong defender.

Concerns have also been raised over the decision to allow the legal aid certificate to continue following the substantial amendment to the court action.

Scottish Labour MSP for Na h-Eileanan an Iar, Donald MacKinnon, has written to the Scottish Legal Aid Board calling for an "urgent review" of its position. He said the case raised wider questions about the safeguards surrounding the use of public money to fund litigation."Legal aid serves an important role in ensuring access to justice," Mr MacKinnon said.

"However, it is equally important that publicly funded litigation is subject to appropriate scrutiny regarding its legal basis, prospects of success and overall reasonableness."

He questioned whether it was reasonable for legal aid to continue in the case, pointing out that publicly available information, including Companies House records, would have established that BCDT was not connected to the café. Mr MacKinnon said the situation had resulted in the Trust incurring legal costs and diverting "time and resources from its charitable and community activities".

He also questioned the continuation of legal aid after the writ was extensively amended.

His letter states that replacing the original defender with Bernera Community Association represented "a fundamental change to the identity of the party being sued", rather than a minor procedural amendment.

The Scottish Legal Aid Board told the Stornoway Gazette newspaper that no payments had yet been made to the Ethnic Minorities Law Centre in Glasgow, which is representing Ms Kellerman.

The Board said the application had been "handled thoroughly, properly and entirely in line with all legal aid rules and guidance".

It added that all potentially relevant information had been considered during the assessment, including Ms Kellerman's financial circumstances.

Solicitors, the Board said, have a duty to report any developments during a case which could affect the continuing grant of legal aid.

The Board also confirmed that its chair was aware of previous press coverage surrounding the dispute, but said neither the chair nor the Board had a role in decisions on individual cases.

Ms Kellerman is reportedly the adoptive daughter of American actress Sally Kellerman, who played Major Margaret "Hot Lips" Houlihan in the 1970s film MASH*.

The dispute has attracted attention on the island, with claims that Ms Kellerman has previously threatened businesses with legal action over access for her dog.

There have also been allegations of confrontational behaviour towards staff. These claims have not been tested in court.

The latest legal proceedings are due to return to Stornoway Sheriff Court for legal debate in December.