Frustrations dealing with legal issues
It’s really frustrating dealing with legal issues.
As I mentioned before, Platinax is facing a legal challenge.
I removed the allegedly defamatory remarks, and that should be the end of it.
However, the company involved has a very aggressive solicitor who is demanding any information held on the forum posters who complained about the company in question. Apparently, so they can threaten legal action against alleged disatisfied customers.
As Platinax is run as a limited company, there’s no way we can give out confidential info simply on the basis of legal threats - it would be damn unprofessional to do so without the relevant court order.
The twist is that Platinax is a Scottish company and falls under the jurisdiction of the Scottish courts. And I have good legal advice to the effect that so long as I don’t contest the action, the Scottish courts would be unlikely to award costs against Platinax.
But, the solicitor dealing with this is trying to aggressively to cajole me into handing over member details regardless, on the threat of facing extensive legal costs.
The basic situation seems to be that here is a company throwing its weight around. After all, how can individuals and small businesses afford to resist a multi-million pound company that appears intent on crushing all complaint with legal action?
Especially when they threaten action not simply against Platinax, but also me personally, and my marketing company Britecorp Ltd.
They have the budget to take action even where there’s no reasonable legal claim, but smaller businesses such as my own are more vulnerable to costs. I’m told that in litigation a client is lucky to get half to two-thirds their costs if they win.
I was planning to send out a press release tonight, simply relating the facts of this matter. The issue of webmaster liabilities is a very real issue. I had my solicitor go through the press release to make sure I wasn’t repeating any allegedly defamatory remarks.
However, sending out the press release could inevitably invite the company in question to set up Platinax, Britecorp, and myself up for crippling legal battles I don’t want to invite, but they can afford.
Platinax *will* require an order from the Scottish Courts to collect forum data from the site, but in the meantime, I feel I just have to keep quiet while this bully of a company continues to threaten.
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“And I have good legal advice to the effect that so long as I don’t contest the action, the Scottish courts would be unlikely to award costs against Platinax”
Something about that doesn’t seem right. Was this advice that your solicitor supplied to you? I’ve seen cases lost in court where the defendant to the case didn’t appear, and didn’t contest the charges being brought against them, and a default judgment was entered against them.
There is a difference between defamatory comments and valid consumer complaints, and I agree with your stance on this issue. I hope that it works out positively for you.
Comment by Bill — February 9, 2006 @ 4:40 pm
The advice is only applicable to the Scottish courts.
I’ve made sure from the start that I took on good solicitors - a big legal firm with offices in Glasgow and Edinburgh.
They are expensive, but they make no attempt to encourage the taking up of expensive legal battles - the impression given is that they are giving good advice on the legal situation.
Thanks for the goodwill, too - much appreciated.
Comment by Administrator — February 9, 2006 @ 4:50 pm