Legal blogger was 'fond of me', Milne tells court

A solicitor convicted of stalking a legal blogger told Snarebrook Crown Court today that the blogger attended all of his hearings over a nine-year period.

Andrew Jonathan Milne, admitted in 1986, is appealing a conviction for stalking Daniel Cloake, who blogs under the name Mouse in the Court. Today, Milne was cross-examined by his counsel, Nathan Goldstein.

After taking the oath, Milne confirmed his full name and year of admission, telling the court he has held continuous practising certificates and that he worked at magic circle firm Clifford Chance for five years earlier in his career.

Goldstein's cross-examination began with discussion about peer-to-peer lending. Milne told the court that he had borrowed money from a company and his name started to appear on specialist bulletin boards. He said Cloake had become a ‘leading commentator’ on peer-to-peer lending, posting frequently but also starting personal discussions, such as ‘I saw Andrew Milne at court today and he looked a bit obese'.

Milne told the court: ‘My understanding was he was the leader of the lenders. I was not aware at the time that he had no connection to the lenders and was just a random guy who was fond of me.’ He told the court that between 2015 and 2024, Cloake ‘went to every hearing I went to and purchased court papers in every case’.

Milne said that after a hearing in March 2024, Cloake asked to speak to him privately. Milne said he was going to the Law Society for lunch and invited Cloake. When they got into a lift, Milne said Cloake took Milne's left hand and placed it on Cloake's groin area. ‘I was extremely shocked and said “we better get to lunch” because I did not want to be involved in physical contact in a public place. I moved him very quickly to the Law Society restaurant,' Milne told the court.

The court heard that Cloake wanted Milne to employ him as a paralegal and register him with the Law Society on an apprenticeship course.

Asked when he next saw Cloake, Milne told the court that Cloake phoned his office. Cloake was going to be in court and asked Milne to meet him at a cafe. Milne said they had lunch. They then went to a hotel in central London and had sex. 'About three to four minutes [in], while we were having sex, he started using it as a legal tutorial,' Milne said.

The court was taken through various emails that Milne sent to Cloake. Asked how he knew when Cloake’s birthday was, Milne said Cloake told him two or three times. The court heard that Milne bought a web domain as a present because Cloake was ‘extremely upset’ about the closure of a specialist bulletin board.

The court heard that Milne invited Cloake to a Clifford Chance London alumni summer reception. Milne said Cloake had another commitment. ‘It’s not exactly harassment, if he wants to go to the Clifford Chance London alumni summer reception,’ Milne said.

His Honour Judge Timothy Green repeatedly asked Milne whether certain phrases and acronyms he used in emails to Cloake were sexual innuendos or double entendres. Milne told the court that ‘BB’ referred to ‘bulletin boards'.

On turning up to Cloake’s home address uninvited, the court heard that Milne told Cloake in advance ‘so he had the opportunity to say “no”’.

Milne told the court that after attending Stratford Magistrates’ Court, he viewed some properties for sale. He then went to Cloake’s house. ‘I was there for a few minutes. Some neighbour offered me a cup of tea but then started asking questions about him which I thought was a bit odd. I left after a few minutes,’ he said.

Asked if it was ever his intention to cause alarm or distress, Milne said Cloake initiated the contact and Cloake wanted more contact, not less.

Before today's hearing drew to a close, the judge discussed with counsel the definition of harassment. It was confirmed that the Crown will have to prove that some alarm or distress was caused.

The hearing continues.