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Sounds to me that a couple of "gentlemen" have settled things!


Jays
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AQM #151156 22/08/13 07:16 PM
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Originally Posted By AQM
It was pretty obvious that the thing stated about the car(s) in question was pure opinion, regardless of threats. And what pisses me off, is that neither of you realised that other people are allowed to have an opinion on any matter, without having to find some middle ground, and without making a joint press release sort of thing.




Well, damn me. Three years for a law degree, a further three for a PhD, A year's study for the Bar exams, a year's pupillage and then numerous years practice and I never realised! Hey Ho!
innocent
Tell you what, I really do think this stuff has been aired enough , so let's close it there shall we?
regards
G


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Does this qualify for a "Thread drift of the Year" award?


DaveW
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Originally Posted By pandy


Interesting. My ex associate Jeremy named one of his pubs "The Honest Lawyer" on the basis that it was considerably more far fetched than, for example, a pig that can play the whistle.



Well, there is an old story about the guy who walked home from the village pub slightly the worse for wear and decided to take a short cut through the graveyard.
He spotted a gravestome with an inscription ' Here lies Ezekiel Boggs- a lawyer and an honest man'

The next morning, first thing he went around to see the vicar and asked if it was normal practice to bury two different people in the same grave

hide

G


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Originally Posted By GLLHG
Originally Posted By AQM
It was pretty obvious that the thing stated about the car(s) in question was pure opinion, regardless of threats. And what pisses me off, is that neither of you realised that other people are allowed to have an opinion on any matter, without having to find some middle ground, and without making a joint press release sort of thing.




Well, damn me. Three years for a law degree, a further three for a PhD, A year's pupillage and then numerous years practice and I never realised! Hey Ho!
innocent



Wow, I'm absolutely stunned you would try taking your argument in that direction, and simultenously make an argument from authority, but perhaps you don't know what an opinion is, and what free expression of an opinion is and why , say, a journalist doing a commentary has a much wider berth than the same person doing a straight news article. Hell, I'm even allowed to call someone a motherf.. if the intent was clearly to insult, and not to insinuate the person was actually in an incestual relationship with his mother.

Yes, I'm allowed to say that I think the bloody queen is an inbred idiot and that the UK would be better off without another inbred following her. It is obviously an opinion (which I actually don't hold, but it is an example), and she would lose the battle in a court.

But since you tried to pull off an argument from authority, please do let us know which branch of law you worked with. Property law or perhaps Intellectual property? I'm quite certain it is not anything even remotely related to this.


Last edited by AQM; 22/08/13 07:30 PM.
AQM #151167 22/08/13 07:45 PM
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Originally Posted By AQM
Originally Posted By GLLHG
Originally Posted By AQM
It was pretty obvious that the thing stated about the car(s) in question was pure opinion, regardless of threats. And what pisses me off, is that neither of you realised that other people are allowed to have an opinion on any matter, without having to find some middle ground, and without making a joint press release sort of thing.




Well, damn me. Three years for a law degree, a further three for a PhD, A year's pupillage and then numerous years practice and I never realised! Hey Ho!
innocent



Wow, I'm absolutely stunned you would try taking your argument in that direction, and simultenously make an argument from authority, but perhaps you don't know what an opinion is, and what free expression of an opinion is and why , say, a journalist doing a commentary has a much wider berth than the same person doing a straight news article. Hell, I'm even allowed to call someone a motherf.. if the intent was clearly to insult, and not to insinuate the person was actually in an incestual relationship with his mother.

Yes, I'm allowed to say that I think the bloody queen is an inbred idiot and that the UK would be better off without another inbred following her. It is obviously an opinion (which I actually don't hold, but it is an example), and she would lose the battle in a court.

But since you tried to pull off an argument from authority, please do let us know which branch of law you worked with. Property law or perhaps Intellectual property? I'm quite certain it is not anything even remotely related to this.



Ok, for the sake of completeness. To qualify as an appropriate pupillage for call to the Bar, the student has to cover a requisite number of legal areas. Since defamation is, as part of the law of Tort, one of the bedrocks of the common law, then virtually all pupils will have some experience of it. Indeed they must because it forms part of the Civil litigation papers ( My principal when I was a pupil was involved in a number of these so I DO have experience)

Moreover, any UK law degree- if it is to 'qualify' for professional purposes must cover certain foundational subjects and one of these is Tort ( inc defamation)
At a professional level, defamation actions are quite rare in England and Wales- not least because of cost and the court will almost certainly ask any claimant for regular and repeated proof that he can continue to meet his legal costs


Hope this information is helpful


What I certainly don't want to do is to enter into a debate on this in any intemperate manner. You have an view and so do I
As I said, I really would like to leave it at that
Thanks
GLLHG


GLLHG
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Gerwyn (GLLHG) has indicated that he has reached a gentleman’s agreement and I think you should leave it at that, AQM.

Last edited by Quicksilver; 22/08/13 07:53 PM.

David
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AQM #151173 22/08/13 07:51 PM
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Time to take a deep breath, open another bottle and move on to another topic. cheers
Perhaps arm wrestling or if that doesn't work a p**sing competition exting hide


Peter

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Originally Posted By Gambalunga
Time to take a deep breath, open another bottle and move on to another topic. cheers
Perhaps arm wrestling or if that doesn't work a p**sing competition exting hide



What an excellent idea.!
( although I'll skip the bottle opening bit if that's OK, Even minute quantities of alcohol make me fall over) thumbsG


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Originally Posted By GLLHG

Ok, for the sake of completeness. To qualify as an appropriate pupillage for call to the Bar, the student has to cover a requisite number of legal areas. Since defamation is, as part of the law of Tort, one of the bedrocks of the common law, then virtually all pupils will have some experience of it. Indeed they must because it forms part of the Civil litigation papers ( My principal when I was a pupil was involved in a number of these so I DO have experience)


Moreover, any UK law degree- if it is to 'qualify' for professional purposes must cover certain foundational subjects and one of these is Tort ( inc defamation)
At a professional level, defamation actions are quite rare in England and Wales- not least because of cost and the court will almost certainly ask any claimant for regular and repeated proof that he can continue to meet his legal costs


Hope this information is helpful


What I certainly don't want to do is to enter into a debate on this in any intemperate manner. You have an view and so do I
As I said, I really would like to leave it at that
Thanks
GLLHG


Thank you, you inadvertently confirmed my suspicion: You think that anything bad said about something (remember, this began as a talk about cars) is defamation, and anything bad said about a person is defamation, that there is no difference with regards to context, nor intent of what is said.


I'm still waiting for what branch of law you actually work(-ed) in. It shouldn't be difficult for you to share this information after you tried the "I'm an authority because I'm a lawyer" method.

And as for the request to leave it, as G and the other bloke has reached a "gentleman agreement", I have to say, I wasn't the one playing into the hands of a tosser who apparently threatened litigation, and found it necessary to publish what reads like a joint press release. It was about a freaking car.

Last edited by AQM; 22/08/13 08:02 PM.
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