A Shade Greener – shady solicitors Gary Anderson and Brian Fowler falling fowl of the law (Part 2)!

Introduction

Last week I wrote about solar panel installer A Shade Greener (ASG), and then followed up with a post about some of the legal tactics they use (amounting to SLAPPs), by their in-house solicitor Gary Anderson – or “general counsel” as he prefers to be called.

Anderson’s employment at A Shade Greener was terminated when the Solicitors Regulatory Authority became involved in an investigation into him, and he was taken over by Brian David Fowler…. I began to write about Fowler, but realised there was so much to write about him that it needed a Part 2. So here is Part 2!

Solicitor Brian David Fowler

Brian the Bodger

When I wrote about Gary Anderson, I called him a SLAPPer because of his tendency to send SLAPP-like letters to customers. If Gary Anderson is a SLAPPer, that makes Brian Fowler a serial bodger. In some ways his method of writing is better than Anderson’s, but he still fell fowl of the law (typo intentional!).

Brian the Bodger is apparently the “litigation solicitor” for A Shade Greener, apparently on a grand salary of £60,000 a year – although that’s extremely low for a solicitor dealing with multiple claims in the High Court. Then again, Stewart Davies is apparantly from Yorkshire, and they do say Yorkshiremen are tight…….triple your salary, Brian, and that’s closer to what a Partner as a decent law firm gets paid for the work you’re doing.

So what makes Brian the Bodger so bad? Let’s find out…..

Harassing Letters

One thing that Brian Fowler seems a serial offender at is sending harassing letters.

Many A Shade Greener customers received ‘letters before action’. As I wrote about previously, some of these letters amusingly claimed to written in accordance with the protocols of protocols – despite there being distinct protocols for distinct causes of action.

In many cases, unsurprisingly the ‘letters before action’ led to, errrr, no action. The three times that action did follow, applications were made for strike out, and the claims quickly abandoned – more about that later.

Despite this, it didn’t stop Brian the Bodger repeatedly sending letters to the same people. The letters made no further legal claims, didn’t threaten any legal action, but did waffle on and make a list of demands – seemingly from A Shade Greener’s CEO Stewart Davies. Such demands included for Davies to be added to a private Facebook group, with other demands including for provision of the private data for individuals posting anonymously in the Facebook group!

Some people have received in the region of 12 letters from Brian Fowler in as many months – none of which appear to have any real point or basis.

Some of the letters Brian the Bodger sent appeared to repeat some of the SLAPP-culture of Gary Anderson – including repeating the entirely baseless allegations of criminal behavior and personal criminal liability.

The Bodge Job

As I wrote about previously, three claims had been issued in the High Court against individuals, purporting to be Defamation claims.

Some what unusually, Brian the Bodger chose to draft the Particulars of Claim in those proceedings himself. Some of the Particulars of claim tallied up over 26 pages of Particulars of Claim, and well over 160 paragraphs……however as Setfords Solicitors and Defamation Defence affectionardo David Price KC pointed out to the High Court – all the claims were wrongly pleaded.

Quickly realising his bodge job, Fowler made an Application to the Court to amend the Particulars of Claim, which Judge Master Gidden allowed permission for.

Seemingly, eventually, two of the three Defamation claims were abandoned, leaving a last Particulars of Claim to be amended and re-served.

Total Misunderstanding of the Law

With last defamation claim still standing, Brian the Bodger set about amending this. This is where his total incompetence as a solicitor was highlighted.

Intent on ‘dropping’ the Defamation claim, the Claim Form and Particulars of Claim were amended (literally with a red pen), to introduce two new causes of action. The first being ‘Harassment’ (which also sought ‘damages’) and the second being a supposed breach of the lease.

There are multiple issues with Fowler’s approach here;

Firstly, you can’t just keep amending Claim Forms and Particulars of Claim until you ‘get it right’. Pleadings by their very nature require a Claimant to set out a clear and concise cause of action. You sue someone because they’ve committed a tort (or cause of action), you don’t keep changing that cause of action until ‘something sticks’ – that is known as a SLAPP!

Secondly, you can’t issue a Harassment claim against someone without inviting them to give an Undertaking – Fowler had failed to do this. In this instance, the claim for ‘damages’ was also misconceived; A Shade Greener were not entitled to any damages at all by law – the only thing they could gain was an injunction and their legal costs, if they won.

Thirdly, a claim for a breach of lease is not a matter that can be listed in the Media and Communications List in the High Court….it’s basically the wrong Court!

As a self-titled “litigation solicitor”, you would think that Brian Fowler would know all this – what are they teaching in law school these days?

Then something remarkable happened – Part 1

As I set out above, A Shade Greener were given permission to amend their Particulars of Claim…. You may think second time lucky?

But then something remarkable happened. In an email from A Shade Greener’s Barrister John Boumphrey he wrote to the Court stating:

First, I should make it clear that I have not settled the Particulars of Claim or the Amended Particulars of Claim in this case. They were settled by Mr Fowler

However, this was not the impression Brian the Bodger gave Setfords Solicitors (acting for the Defendant), where Fowler said:

the Claimants have undertaken a full review and sought the further assistance of counsel before dropping the defamation claim and the Claimants further amending the draft POC.

and

….the updated amended Particulars are currently with Counsel awaiting final approval.

Despite this, no Counsel’s name is written on the Particulars of Claim (or the Amended Particulars of Claim), which is standard when a Barrister has drafted or settled them…..so who is the “Counsel”…… it’s not John Boumphrey……..surely it couldn’t be self-titled “legal counsel” Gary Anderson, back from the flames?

Then something remarkable happened – Part 2

In July 2024, the matter of the third Defamation claim was to be heard before High Court Judge Master Fontaine, who would deal with the shambles Brian Fowler had pleaded and decide whether the claim should be struck out.

The hearing was due to be set for one date for July 2024, but then Brian the Bodger made an 11th hour Application to amend the Particulars of Claim.

Master Fontaine changed the hearing for a few days later in-person, and this was then refused by Fowler on the grounds of availability. Not to worry, the matter could be heard on Teams/Remotely suggested Master Fountaine. Master Fountaine even (incredibly generously) offered that she could postpone a Teams/Remote hearing until a period during which she was on holiday – but warned she would only have 1 screen and be a little slower to review the documents – but was prepared to hear the matter nevertheless. This goes to show how Judges will bend over backwards to help litigant parties, and why Judges should be respected!

Then something remarkable happened, Brian Fowler wrote to the learned Judge somewhat remarkably and somewhat outragously stating he would be on holiday:

“I cannot legally act for A Shade Greener from Spain as I do not have the appropriate visa and I do not have the necessary authority normally obtained through the FCDO to perform legal functions from abroad. I understand that obtaining such authority takes 8 weeks”

Ahahahahaha ahahahahahaha ahahahaha ahhahaha ahahaha.

If this doesn’t show what a pillock and disgrace to the legal profession Brian Fowler is; I don’t know what does! Nobody was asking Fowler to undertake work in Spain for a Spanish company (requiring a visa), or to practice Spanish law (requiring a visa and Spanish law certificate)….. He was asked whilst on the payroll for a British company to join a remote call, in Spain. It doesn’t need a Spanish Visa, or permission from the FCDO to do that.

Unfortunately for the purposes of shear amusement, Master Fontaine did not make any judgement on Fowler’s absurd position – very much a shame really!

Conclusion……and a Part 3?

This, so far, pretty much concludes the shear idiocy and incompetence of Brian David Fowler. I suspect there will be more to come.

Then…….someone else contacted me….. seemingly a lady called Anne Emmerson has been featured on Companies House documents and promotional material handed out from A Shade Greener in which she is referred to as a “solicitor”.

However, there is no listing of anyone called Anne Emmerson as a “solicitor” on the SRA Website, or the Law Society website……so why is Ms Emmerson claiming to be a solicitor when she isn’t? It is a criminal offence to do that – and no that isn’t me threatening a SLAPP!

I feel there may be a Part 3 coming! Watch this space!