Image: Intensive grouse moor management on Millden Estate, Angus.

A report on the damaging environmental and social impacts of the intensification of grouse moor management in Scotland is published today by the League Against Cruel Sports. The authors of the report are Dr Ruth Tingay and myself. The report can be downloaded here (658kb pdf) and a short video here.

The report highlights a land use that where Scotland’s hills are being turned into intensively managed game reserves, where protected species are being persecuted, where electric fencing and roads are being constructed with impunity, and where much of this is eligible for public subsidy.

Image: New grouse butt construction with Firmounth and Scottish Rights of Way sign indicating junction between the ancient Firmounth and Fungle routes (Grid Ref. NO499853) Photo: James Carron

The evidence we have uncovered is a shocking indictment of a land use that is out of control. The methods being deployed to maximise grouse numbers are damaging the environment and are subject to no effective regulation or oversight by the Scottish Government and other public authorities.

The report is published days after a scientific assessment of many of these issues was published by Scottish Natural Heritage. The report was requested in response to concerns of SNH Board members about intensified moorland management practices in some areas, including the spread of hill tracks, increase in muirburn, heavy culling of mountain hares, and using chemicals to dose red grouse to increase numbers of grouse for shooting.

It also comes on the day that the Office for National Statistics published data showing that 33% of jobs in Angus pay below the living wage – the highest percentage of any Scottish local authority. Two of the case studies in the report focus on grouse moors in Angus. This may have something to do with the fact that, as the report reveals, the 2640 full-time equivalent jobs in grouse moor management pay an average of £11,041 which is below the national minimum wage.


Heatmap of Confirmed and Probable Raptor Persecution Incidents 2005-2014

The report will be launched at a fringe meeting at the Scottish National Party conference on Thursday 15 October at 6.30pm.

If you plan to set up a fundraising campaign for an environmental project, it is a good idea to think carefully about who is involved and what techniques you plan to use.

Wildcat Haven is a project designed to protect the Scottish Wildcat by preventing hybridisation with feral cats and providing a network of reserves to manage as wildcat habitat. (1)

Yesterday, it launched its campaign. Sponsorship has been provided by Volkswagen, a company responsible for polluting the environment with nitrous oxide emissions that it attempted to conceal through one of the biggest corporate frauds of recent decades. The other sponsor is our old friend Highland Titles, a company based in Alderney that is wholly owned by a charitable trust (Highland Titles Charitable Trust for Scotland) registered in Guernsey. See my blog of February for further information on their operations.

Some time ago, Highland Titles Ltd. blocked my IP address but it came as something of a surprise to discover that I have also been blocked from Wildcat Haven’s website despite only having just seen it. Despite this, I have access via a proxy IP in Germany.

Highland Titles appear to have established a very close relationship with Wildcat Haven which operates via Wildcat Haven CIC (Community Interest Company) and Wildcat Haven Enterprises CIC. The Registered Address of both is in Cornwall. One of the defining features of a Community Interest Company is the asset lock – provision that in the event of winding up, the assets must transfer to a nominated body that is a community interest company, charity or Scottish charity; or a body established outside Great Britain that is equivalent to any of those persons.(2)

In the case of Wildcat Haven CIC, the nominated body is a community-based company, Sunart Community Company. The money, however, is being raised by Wildcat Haven Enterprises CIC and the nominated body here is Highland Titles Charitable Trust for Scotland. Thus, in the event of Wildcat Haven Enterprises CIC being wound up, its assets will be taken over by Highland Titles Charitable Trust for Scotland in Guernsey.

Wildcat Haven Enterprises CIC was incorporated on 30 June 2015 with two Directors, Mrs Emily O’Donoghue and Mr Douglas Wilson. Wilson is a Director of Highland Titles Ltd and a Trustee of Highland Titles Charitable Trust for Scotland.

Wildcat Haven has adopted Highland Title’s dubious methods of selling small souvenir plots of land and claiming that the purchaser is the owner (see extensive faq to this effect). This claim was comprehensively debunked in February this year by legal blogger loveandgarbage. If there remains any doubt, here is the content of a letter written by Professor George Gretton, Lord President Reid Professor of Law at Edinburgh University to the Daily Record newspaper.

Dear Mr Ferguson,

Under Scots law, ownership of land passes from seller to buyer by registration in the Land Register of Scotland. No registration? Then no transfer. This is currently set out at section 50 of the Land Registration etc (Scotland) Act 2012. (The previous law was essentially the same.)

(“Souvenir plot” is a term defined in section 22 of the 2012 Act.)

Therefore, if a souvenir plot is sold, registration is required, if the buyer is to acquire ownership of the plot.

But the Land Register does not accept souvenir plots: this rule is set out at section 22 of the 2012 Act. (The previous law was essentially the same.)

So if a company sells a souvenir plot, the sale cannot be completed. The buyer of the plot does not become owner of the plot. Ownership of such plots remains with the company.

Whether buyers of souvenir plots are informed that the seller will retain ownership is something I have no information on.

Sincerely, George L Gretton

Lord President Reid Professor of Law University of Edinburgh
School of Law
Old College
South Bridge

Professor Gretton should know – he wrote the Land Registration (Scotland) Act 2012. See also, a recent academic paper by Jill Robbie and Malcolm Combe which reviews the law in this area.

The plots being offered for sale by Wildcat Haven cost from £30 to £250 for one square foot of land which purchasers are assured, gives them a “personal right to a souvenir plot of land in Wildernesse Wood and the opportunity to change their name to Lord or Lady Wildernesse. Wildernesse Wood is described as “part of the first Wildcat Haven”. “We are asking you to help us by actually buying part of the land we plan to conserve.”, the website claims.

So where is Wildernesse Wood? The Wildcat Haven website does not say, but from this promotional video, it is clear that it is a plot of land above Loch Loyne on the A87 between Invergarry and Glen Cluanie.

In the video, Dr Paul O’Donoghue is filmed standing in the wood. He claims that “Every square foot of land we buy has a direct positive impact on the Scottish wildcat. By supporting this project, you’re helping save the Scottish wildcat step by step.”

There are two problems with this claim.

First of all, this land is, in fact owned by Highland Titles Ltd. who are already selling souvenir plots in a “nature reserve” they have named Bumblebee Haven where you can purchase plots ranging from 10 square feet (£49.99) to 1000 square feet (£499.99) and call yourself Lord or Lady Glencoe (even though the land is 50 miles north of Glencoe).

The land was acquired in February 2014 and the title can be seen here and the plan here  The land is 75ha in extent which, if all sold in 10 square foot plots would generate £40.35 million in sales revenue paid to a company in Alderney in the Channel Islands.

But the more fundamental problem is that the Wildcat Haven project is in Ardnamurchan and Morven – see map below.

The land that supporters are being invited to acquire is not only already owned by a company in Alderney and being sold plot by plot for bumblebees, this “first wildcat haven” is 60 miles to the north of Ardnamurchan and Morven and well outside the area being promoted for wildcat conservation.

I offer this information in the spirit of consumer advice to anyone considering taking up the offer to become the owner of a square foot of land to create a Wildcat Haven.


As an addendum to the Highland Titles blog in February, I contacted the Chief Minister of Guernsey Jonathan Le Tocq to ask whether it would be possible to examine copies of Annual Returns and Accounts of both Highland Titles Ltd., registered in Alderney and Highland Titles Charitable Trust for Scotland, registered in Guernsey. As I argued then,

Revenue is paid into a company registered in Alderney but as no accounts are published, it is impossible to be sure. The sole share is held by Wilson and McGregor as Trustees for the Guernsey charity. Under the law of Guernsey, no charity is obliged to provide accounts for public inspection and it need only file accounts under certain circumstances.

Thus nobody knows if in fact the charity is in receipt of any funds whatsoever. As the sole shareholder it is not entitled to have any of the revenues of Highland Titles Ltd. transferred to it. These revenues may well be paid out by the Alderney company as management fees or any manner of other payments to third parties.”

Mr Le Tocq informed me that under Guernsey law, the charity is not required to submit any financial returns and access to the Alderney company records would only be available to law enforcement agencies if there was evidence of criminal conduct.

Thus, because this land is owned in an offshore tax haven, we are unable to obtain any information about what happens to the money generated by selling off souvenir plots.

(1) There is some disagreement over the appropriate strategy to be adopted to save the Scottish wildcat. An official project, Scottish Wildcat Action is being run by 20 organisatiosn with the support of the Scottish Government and Forestry Commission among others. Those behind the Wildcat Haven project, however, have criticised the official programme.

(2) The Community Interest Company Regulations 2005

UPDATE 1500hrs 30 Sep 2015

The following response was emailed to me by Emily O’Donoghue and posted on the Wildcat Haven website here. The response is also contained in a comment below this post together with my follow up questions.

Dear Andy,

Just hoped to respond briefly to your primary concerns about the Wildcat Haven project.

Highland Titles Charitable Trust is currently listed as our nominated body, it is acting as a placeholder whilst we agree with a few local organisations in the West Highlands who would be best placed to become the ongoing nominated body. Of course, you’ll have to wait and see on this one, but we have already sent in paperwork replacing HT with another organisation, I’m sure records will be updated shortly.

Our website repeatedly states that the plots being sold are souvenir plots and “a bit of fun”, our own FAQ outlines that registration of souvenir plots is legally impossible so this seems little revelation.

In terms of location, the current Haven fieldwork area is in West Lochaber (Ardnamurchan, Morvern and Sunart).  We have been highly successful in neutering feral cats in this area (we have neutered 50 in the last 7 months alone, leaving close to 500 square miles free of intact feral or pet cats) and are now ready to expand. You are right to highlight that the land in Loch Loyne is north of the current Haven area, however that is the very point, we are expanding northwards and the the long term goal has always been to cover the entire Highlands west of the Great Glen. Loch Loyne is ideally situated being to the east of the Knoydart peninsula and near to a major land bridge to the rest of the Highlands, which needs to be protected from feral cat migration. Wildcat monitoring activities are already underway in the area, we are also looking to start operations in Sutherland which you will note is also well north of the current Haven zone, as well as looking to buy land within the current fieldwork area.

Part of the Loch Loyne site has been gifted to us by Highland Titles and no plots in the area provided to us have been previously sold, so it was free for them to pass on, allowing us to offer actual physical plots to customers immediately, rather than just a promise of buying land in future.

Wildcat Haven has been around protecting wildcats since 2008, our team comes with considerable scientific and conservation credibility, we are currently the only effort to protect wildcats in the wild rather than place them in captivity and our work has been commended and supported by organisations such as Humane Society International for its exceptional standards of animal welfare and delivery of humane feral cat control, as well as receiving considerable coverage across national media recording our work with feral cats, wildcats, local schools and communities for many years.

We’d also like to take this opportunity to thank you for providing us with reduced rate access to the Who Owns Scotland database around 2008/2009 when the project was starting up and needed to start communicating with landowners; you helped us get where we are today, thanks a lot for your support and promotion of the Wildcat Haven project.

Emily O’Donoghue,
Wildcat Haven

I replied as follows.


Thanks for your response. 

1. It may be a bit of fun but you are asking folk to help you by “actually buying part of the land we plan to conserve” You need to be much clearer that people who spend £100 do not become owners of the land.

2. You say that part of the Loch Loyne site has been gifted to you. Can you tell me when this transaction took place and when it was submitted to the Registers of Scotland for recording? Can you advise the extent and location of this land?

3. Are there any wildcats on the Loch Loyne land?

4. Why is my IP address blocked from viewing your website?

5. What is the role of Highland Titles in your fundraising? Do they receive any payment? Do they receive any commission on each plot sold?

Thank you.

Highland Titles Ltd. is one of those websites that offers you a small plot of land as a souvenir purchase. Yesterday, on twitter, some merriment was had by challenging the claim that such plots conferred any ownership of the land. Highland Titles Ltd. claims that you will become a landowner in the absence of any recording of title in the Land Register. It backs up this assertion by reference to this legal advice from J&H Mitchell WS. But a series of lawyers on twitter challenged this. See this Storify by Malcolm Combe, his subsequent blog, and this lengthy legal explanation by @loveandgarbage.

So if these “plot-owners” don’t own the land, who does? The answer is Highland Titles Ltd. It owns two parcels of land – Keil Wood near Duror extending (originally) to 90.7ha (see map below) and Paitna Green Wood, near Invergarry (to west of A87 above Loch Loyne), extending to 75.1ha. Keil Wood was acquired in 2007 by a company called Lochaber Highland Estates (CI) Ltd. This company changed its name in February 2012 to Highland Titles Ltd. See here for a Scotsman Business video.

Keil Wood title here and plan here.

Paitna Green Wood title here and plan here.

Several half-acre plots have been sold at Keil Wood reducing the extent owned by Highland Titles Ltd. to approximately 75ha meaning that the company owns around 150ha of land which it is offering “for sale” in plots from 1 square foot to 1000 square feet in extent.

What makes this story that little bit more interesting is that Highland Titles Ltd. is a company registered in Alderney and, in a phone call today to the Greffier of the Court of Alderney, it was confirmed that Highland Titles is owned by Douglas Wilson and Helen McGregor as Trustees for The Highland Titles Charitable Trust for Scotland, a charity registered in Guernsey.

According to the five-year plan of Highland Titles Ltd., over 100,000 plots have been sold. Each plot costs anything from £29.99 to £499.99. The larger plots are all in Paitna Green (or BumbleBee Haven as Highland Titles calls it) which is little more than a high altitude sitka spruce plantation on the A87 from Invergarry over the hill to Cluanie (see below)

The revenue from over 100,000 plots is at least £2,999,000 and probably a good deal more. This revenue is paid into a company registered in Alderney but as no accounts are published, it is impossible to be sure. The sole share is held by Wilson and McGregor as Trustees for the Guernsey charity. Under the law of Guernsey, no charity is obliged to provide accounts for public inspection and it need only file accounts under certain circumstances.

Thus nobody knows if in fact the charity is in receipt of any funds whatsoever. As the sole shareholder it is not entitled to have any of the revenues of Highland Titles Ltd. transferred to it. These revenues may well be paid out by the Alderney company as management fees or any manner of other payments to third parties.

The 150ha owned by Highland Titles is enough to provide over 16 million square foot plots which, at £29,99 per plot is a potential gross revenue of over £479 million. And, because the “plot-owners” do not legally own their plots (their ownership is limited to a few bits of paper and perhaps a tartan teddy), these plots can, in theory be sold multiple times.

I find it odd that such an arrangement appears to be lawful in Scotland. Because the charity does not technically operate in Scotland, the Office of the Scottish Charity Regulator has no role (see ruling from May 2014). And, because the company that owns the land is registered in Alderney, it pays no taxes to HMRC.

In December 2014, another company by the same name – Highland Titles Ltd. – was registered in Scotland. it is unclear what role this company plays.

Finally, the Directors of this Scottish company are Peter Bevis and Helen McGregor who live at Tulloch Farm, Spean Bridge.

Tulloch Farm is owned by Quexus Ltd., a company registered at Trident Chambers, PO Box 146, Road Town, Tortola, British VIrgin Islands.

Which leaves an obvious question. Where is all the money going?