Reflections on the Appeal Judgement and the Road Ahead
Over the past few weeks, following the Court of Appeal’s decision, I have been deeply touched by the extraordinary volume of messages, warmth and support from across our community.
My silence was partly out of respect for the legal process. More candidly, I was down on the canvas for a while, trying to absorb the weight of it all. I don't wish to overstate things, but that time was necessary. But, it would be wrong not to acknowledge the exceptional kindness shown to me and my family during what has been a shocking and painful period.
The decision has been deeply distressing. The Court of Appeal set aside the compensation award on its conclusion about foreseeability. However, it remains important to me that the court did not disturb the Royal Court’s central factual findings concerning the treatment I received, and it did not find that I was in anyway responsible for what happened to me.
On 29 September, my legal team filed an application with the Court of Appeal for permission to appeal to the Judicial Committee of the Privy Council. We believe there are important grounds for appeal, while fully recognising that permission is a matter for the Court of Appeal to decide.
Having got through this demanding exercise with my wonderful legal team, I will now be stepping back for a month. This is a deliberate and necessary period of rest and recovery after years of sustained strain, while the legal process continues in the background.
If permission is granted, we will need to consider carefully how an appeal of this scale could be funded. Our first priority is to explore appropriate commercial litigation-funding options. We are also considering whether a carefully structured, community-backed crowdfunding element could have a proper role alongside that.
The suggestion of crowdfunding was first made by my eldest son. It has since been echoed by a number of members of our community who have generously asked how they might help. That means a great deal to me. There is something quietly meaningful in the possibility that, if it proves appropriate, this next stage might be supported through a genuinely co-operative effort.
My dispute has never been with the co-operative ideal. The generosity, solidarity and decency shown by so many people in recent weeks have been a powerful reminder of the very best of that spirit.
Before taking any formal steps, I would welcome private guidance from anyone with experience of litigation finance, appeal funding, or the safe and appropriate structuring of legal crowdfunding.
To help keep those conversations constructive while I am away, please send any guidance, ideas or relevant contacts to colinmacleod.support@gmail.com.
Each message will be carefully collated and treated with discretion while I am away. I will personally read and consider every message on my return in November.
Thank you, from the bottom of my heart, for standing by me and my family.
Whilst it may be inappropriate to document every development, please sign up now to be the first to see anything I feel able to share.
C