Convicts who sue cost public £1m

Figures obtained by The Scotsman reveal a massive increase in the number of inmates embarking on legal action in recent years, prompting claims that lawyers are cashing in on the legal-aid bandwagon. According to the Scottish Legal Aid Board (SLAB), the number of applications for civil legal aid from prisoners has risen by more than 1,000 per cent, increasing from 17 in 2000-1 to 210 this year.

Senior prison sources believe the recent "slopping-out" judgment against the Scottish Executive has acted as a catalyst to opportunists, leaving taxpayers to foot the bill.

"The bandwagon effect is probably the biggest single factor in them suing," said an insider. "The amount of work we have done on legal claims has multiplied amazingly. We are at the stage where we’re scared to let prisoners play football because if they’re injured they’ll sue."

Earlier this year, a landmark legal judgment ruled slopping-out breached a prisoner's human rights, paving the way for a potential damages bill running into millions of pounds. Robert Napier, a prison inmate, won 2,450 in damages after taking the Executive to court for making him slop out during his time in Barlinnie prison in Glasgow.

Although the award was small, hundreds of other prisoners are now following suit.

The Glasgow law firm Ross Harper is the biggest single earner from SLAB, receiving 1.8 million this year for both civil and criminal cases. Paul McHolland, an associate solicitor with the firm, defended the its work, saying prisoners should receive the same legal rights as everyone else.

He said: "We have great difficulty in getting legal aid, despite the notion of fat-cat lawyers. Our duty is to the client. If they don’t have the means, it is for the public purse to provide that."

Many of the human rights cases in Scotland have been thrown out, leading to criticism that the Human Rights Act is being used as a "chancer’s charter". Critics of the European Convention on Human Rights - later incorporated into UK law - were incensed in 2000 when a murderer challenged the Scottish Prison Service, claiming he was entitled to an employment contract for the work he carried out in jail. Philip Garden, who was jailed for life for punching a man to death, demanded a "proper rate of pay" and benefits such as holidays.

More recently, the murderer William Beggs was said to be helping other sex offenders claim compensation. Beggs, 40, is serving life for the rape and murder of 18-year-old Barry Wallace. He is now giving legal advice to the Saughton Seven - a group of inmates at the Edinburgh jail suing the Executive.

The Scottish Legal Aid Board said yesterday the 1 million figure included civil legal aid and advice and assistance costs. The bill could rise further or fall, the Executive said, depending on the outcome of important test cases such as Napier’s, which is being appealed. A spokeswoman said: "The applications for legal aid are given a great deal of thought. There has to be a legal basis for the case."

The wide scope of human rights legislation has paved the way for fresh challenges in areas as diverse as social security payments, race and immigration.

Last night a spokesman for the Executive said ministers were determined to fight the challenges in court.