A Scottish island charity has revealed it was brought to the brink of bankruptcy after being wrongly sued by Claire Kellerman, the daughter of MAS*H actress Sally Kellerman, over a dispute involving her service dog at a community cafe.
US-born Kellerman, 62, had sought to sue the organization behind a community cafe on the island of Great Bernera after its volunteers allegedly refused entry to her dog, which she states is a service animal. However, Kellerman's legal team mistakenly served papers on the Great Bernera Community Development Trust (GBCDT) instead of the Bernera Community Association, which directly operates the cafe.
The GBCDT, a non-profit established for the island's economic and social benefit, found itself defending a claim for which it had no responsibility. According to GBCDT director Mark Bryant, the charity incurred approximately £7,000 in legal fees defending the action before the error was acknowledged and the suit was withdrawn. Bryant stated that the GBCDT repeatedly attempted to inform Kellerman and her lawyers of the mistake, and also notified the Scottish Legal Aid Board (SLAB), which was funding Kellerman's case.
"The cafe and the community centre have nothing to do with our business. We're baffled by their [Ms Kellerman's legal firm's] incompetence in prosecuting the trust," Bryant told the Daily Mail.
Adding to the financial strain, the GBCDT is unable to recover its legal costs because Kellerman was granted legal aid by the Scottish government. "We can't get our money back through the court process. It is just wrong," Bryant said, noting that private donations were essential to prevent the trust from having zero cash reserves.
Kellerman's legal representatives are acting through the publicly funded Ethnic Minorities Law Centre (EMLC). The claim has since been amended to target the Bernera Community Association directly for £10,000. The association stated that the case is now before the courts and declined to comment further on the allegations.
Locals have reportedly accused Kellerman of bullying cafe staff and suggested her ban from the site preceded her legal action. They also allege her dog has harassed livestock and chased wildlife on the island, with one source claiming it defecated on a public bus. Kellerman, who arrived on the island about four years ago, has online posts accusing the Bernera Community Association and cafe of "exclusion, collective harassment, shaming, ostracisation, wrongful blaming, illegal discrimination and victimization."
Scottish Labour MSP Donald Mackinnon has written to SLAB, urging an urgent review of its funding for the case, citing potential damage to the board's reputation and raising broader concerns about the safeguards for public funds used in litigation.
A spokesman for SLAB stated that the board is bound by confidentiality but confirmed that decisions are made in accordance with legal aid legislation. The spokesman added that SLAB is satisfied its decision-making was thorough and appropriate, and that granting legal aid does not equate to support for the case itself but rather means statutory tests have been met. The court's decision to allow the action to continue means SLAB's legal aid grant remains unchanged.
