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Scotslaw and Defamation
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Author:  JD [ Wed Mar 04, 2009 2:18 pm ]
Post subject:  Scotslaw and Defamation

Yesterday I posted in this section for the first time and today I post a second time. The reason being is because I am interested in the developements of the "alleged" defamation to a party or parties associated with an organisation named CRT. I am not aware of any previous comments on the subject because I have to admit that I have never read any posts in this forum since its inception.

I can understand if the parties concerned prefer not to discuss the allegations but if possible I would like to know two things, what are the specific allegations and where were they allegedly disseminated?

If those questions can be answered then we probably have a meaningful debate on this subject.

Regards

JD

Author:  Skull [ Thu Mar 05, 2009 1:30 am ]
Post subject: 

We don't know the specifics, and TDO.


So far this case is all about context and pretext - we've not lodged defences as yet . . . . :-|

Author:  swannee [ Thu Mar 05, 2009 2:33 pm ]
Post subject: 

Thomson posted such memorable allegations on TDO such as

"..... that pair of desperado’s are robbing the CRT membership blind.
The membership being about as bright as a field of turnips....."

"Your chums are the biggest thieves in the company, they should be strung up, not fining people."

"...Word on the grapevine: Colquhoun’s off on the sick with stress (on full pay) while Murray is ready to hand in his resignation.
What little impropriety have these scumbags been up to?
Not knowing their modus operandi, the above must be down to some incestuous relationship in the office or the misappropriation of company funds – perhaps both"


Whilst Taylor has made these allegations

"Central have been controlled by spendthrifts for years. Word is they don’t have a bolt in the bank. And nae wonder if they’re paying a pillock like Colquy, what is it, thirty odd grand a year? CRT members should be stringing the bar steward up for his greed. It must be a comfort to them to know that the tripe that is fining them is being paid handsomely to do so."

"Is that good enough for you. When a scumbag company employs scumbags who act like scumbags, I make it my business to do anything I can to knock the scumbags off their perch. And Central ARE scumbags"

"Perhaps TDO could try this Host to avoid any potential claims from those in the Edinburgh taxi company who are abusing company funds to wage their own personal vendetta"


and my own personal favourite, made just after a girl in Edinburgh got into car believing it to be a PH and was subsequently attacked.

"Imagine any company giving a taxi moron £31,000 to lord it over them. And someone who has the intellect of a gnat to boot. And you would look up to such a wretch? Lock up your daughters I would say, what kind of saloon car does he drive? And if you think the fascists running city/central are good for the trade, then well done you. For you ably demonstrate that you are indeed a fool. They’re ripping you off. They’re “stealing” from you. They’re pashing all over you and you, so used to touching your forelocks to the council, are turning your backs and begging to be rammed up the choccy again"

Perhaps you, JD, may try to back Taylor's claim that these are his opinions but to anyone reading them they are written as if they were facts that he had evidence of.

An honest objective appraisal would be appreciated, since you have only heard one side of the story here so far.

BTW Thomson does know the specifics. He and taylor both have copies and have been at court. Their inability to obtain legal advice or aid is because their stance is indefensible rather than a delaying tactic. As you know courts do not look kindly on those who lie.

Author:  chipper [ Thu Mar 05, 2009 2:48 pm ]
Post subject: 

quality post swannee

Author:  JD [ Thu Mar 05, 2009 3:11 pm ]
Post subject: 

swannee wrote:
BTW Thomson does know the specifics.


Fortunately it is the specifics that matter and without them we don't have a debate. It is pointless debating anything other than the facts. I dare say there are many subscribers to this site and other sites, that could produce vitriolic and defamatory posts against any number of people. What I am interested in are the specific allegations attributed to the parties concerned and where they were published and for how long?

Regards

JD

Author:  Skull [ Thu Mar 05, 2009 9:16 pm ]
Post subject: 

JD wrote:
swannee wrote:
BTW Thomson does know the specifics.


Fortunately it is the specifics that matter and without them we don't have a debate. It is pointless debating anything other than the facts. I dare say there are many subscribers to this site and other sites, that could produce vitriolic and defamatory posts against any number of people. What I am interested in are the specific allegations attributed to the parties concerned and where they were published and for how long?

Regards

JD


The fact is, this is not a personal defamation claim by Colky and Co. They are claiming that the company has been defamed as a result of the comments made about its office bearers on TDO. The company has then assumed the hurt and is now in the process of paying all the legal costs.

The interim interdict was only supposed to be a short term gagging order to prevent us damaging their chances of being re-elected at the next AGM.

QC Kinroy, offered us both a deal to accept the gagging order and CRT, would accept the costs with the case being pulled a few months down the line.

We pushed them in court to take this to a full proof, knowing how financially damaging it would be as a result.

Jim took the deal at the first hearing but I refused the deal at the second hearing.

At the last hearing (the fourth) QC Kinroy wanted us to lodge defences but we put in a motion to sist, quoting article 6 of the ECHR.

The sist was granted in our favour.

:wink:

Author:  Ross [ Thu Mar 05, 2009 9:30 pm ]
Post subject: 

You forgot to mention that you asked for 6 months and only got 3 ! tell the full story now !!!

Author:  Skull [ Thu Mar 05, 2009 9:31 pm ]
Post subject: 

If we don't get legal aid or anyone to carry to take the case as a result of legal aid being refused then no defences will be forthcoming and the case can't progress.

Under the Article 6 of the ECHR

A fair hearing



The requirement of ‘fairness’ is fundamental. There must be an equal and reasonable opportunity for all parties to present a case. There should be equality of arms ie one party should not be placed at a procedural disadvantage over the other.

If we get legal aid then defences will be lodge and fought all the way to Europe as a result.

If this was a straight forward personal defamation case then things might be different but this is corporate - the company has assumed the hurt.

This could be very costly indeed . . . .

:wink:

Author:  Skull [ Thu Mar 05, 2009 9:35 pm ]
Post subject: 

Ross wrote:
You forgot to mention that you asked for 6 months and only got 3 ! tell the full story now !!!


Lord Emslie, also said we could apply for further 3 month sist, at the next hearing depending on our circumstances.

:wink:


Oh and btw Ross, will you be applying for a plate now that de-restriction is on the cards?

Author:  Skull [ Thu Mar 05, 2009 9:51 pm ]
Post subject: 

chipper wrote:
quality post swannee


No chipper, it was a stupid post but you will see only what you want to see because you want to be part of your new found group.

:roll:

Author:  Skull [ Thu Mar 05, 2009 10:43 pm ]
Post subject: 

Oh and btw, if we'd wanted to damage CRT, we would have targeted the company directly. Maybe that's why QC Kinroy, couldn't point to any damages being accrued to the company as a direct result of anything we said.


You only engage in battle on your own terms, hence the sist, and article 6.

Once we have the superior resources of the legal aid board we will have the defences and the equality of arms to meet with QC Kinroy in all out battle.

I only hope that CRT have the will, and the deep pocket to match. :wink:

Author:  Skull [ Thu Mar 05, 2009 11:50 pm ]
Post subject: 

De-restriction and a big costly court case ta boot :lol: :lol: :lol: :lol: you just couldn't make it up :lol: :lol: :lol: :lol: :lol:

Author:  chipper [ Fri Mar 06, 2009 5:28 am ]
Post subject: 

Skull wrote:
chipper wrote:
quality post swannee


No chipper, it was a stupid post but you will see only what you want to see because you want to be part of your new found group.

:roll:


wrong again

Author:  Skull [ Fri Mar 06, 2009 8:15 am ]
Post subject: 

chipper wrote:
Skull wrote:
chipper wrote:
quality post swannee


No chipper, it was a stupid post but you will see only what you want to see because you want to be part of your new found group.

:roll:


wrong again



Your one of the sheeple chip. Since passing your brief you've been desperate to become one of the herd. You don't think for yourself you think as a group. It's the herd mentality. You'll screen out anything that doesn't fit in with your chums.

:roll: :roll: :roll: :roll: :roll:


Deary me . . . .

:roll:

Author:  chipper [ Fri Mar 06, 2009 10:10 am ]
Post subject: 

Skull wrote:

Your one of the sheeple chip. Since passing your brief you've been desperate to become one of the herd. You don't think for yourself you think as a group. It's the herd mentality. You'll screen out anything that doesn't fit in with your chums.

:roll: :roll: :roll: :roll: :roll:


Deary me . . . .

:roll:


Deary me,Deary me,Deary me......

think you will find your wrong again but nice try to lump me in the what ever group or mind sink you think i want to be part of it makes it easy for you.
you are the one that wants to be in a group and why do you keep going on about sheep you thinking aboot pulling an the wellies and going for a walk :wink: :wink: :wink: :wink:

just remember its not over until the fat lady sings mate and she has got some singing to do yet thats for sure :wink: :wink: :wink:

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