Thu Feb 25, 2016 10:47 pm
Thu Feb 25, 2016 10:54 pm
Fri Feb 26, 2016 9:05 am
Fri Feb 26, 2016 9:08 am
Hi paul, I dont have the welshfella owner's email address to wil ask that you forward this on.
Ive been instructed to say at the start of the email: WITHOUT PREJUDICE
Please don't make me send this officially. This letter is drafted to show you how much trouble you and the forum are currently in. I will stress that I don't wish to make legal proceedings but absolutely will if these comments aren't removed. I am angry that you have implicated me in this. disclosing my personal details as the result of gaining them from this letter, including sharing this letter, will also result in legal proceedings as a result of the defamatory comments made to forum alias will then be directly made to me which I'm told will result in even greater penalisation.
Your defamatory internet posts and publications
We are Elliot & Harvey Solicitors & Attorneys, a firm of solicitors based in Mount Gravatt QLD that acts for Mr David Reynolds (“Client”) in connection with the identification and pursuit of identified instances of libelous statements across the internet.
We have been made aware of various posts you, on behalf of yourself, members of your forum and your administrators, have made and are making on forums around the internet, including Twitter, which makes reference to our Client.
Our claim
We have evidence to prove that the forum hosted by your website www.bluebirdsforum.com contains serious, untrue and highly defamatory comments towards our Client, some of which contain malicious falsehood. In doing so, defamatory comments are being communicated to thousands of people throughout the world, posing a serious threat to the reputation of our Client.
These comments seem designed to damage the reputation of our Client.
The defamatory threads are as follows:
The allegations which will be the subject of a possible action are in summary as follows:
You have made it clear Our Client hacked various Facebook and forum accounts without the judicial right to do so.
We have included a small sample of the posts within the aforementioned threads to illustrate the defamatory and actionable nature of the content contained (“Schedule A”). Please note that this is not an exhaustive list, but merely a token sample to illustrate the nature of the discussion.
Under the law of England and Wales, a defamatory statement is one which tends to lower the claimant in the estimation of right thinking members of society generally (Sim v Stretch [1936] 2 All ER 1237). The words are defamatory, identify or refer to the claimant and are published byyourselves to third parties.
Legal proceedings
In order to protect our Client’s interests we are considering proceedings against you in the High Court. These proceedings would seek remedies including but not limited to the following:
•
substantial damages;
•
an injunction to restrain you from publishing the same or similar statements in the future; and
•
costs.
Jurisdiction
A defamatory statement is published at the place where it is read, heard or seen, and is not where the material was first placed on the internet. In internet cases, therefore, provided a small number of people have access to the material on the internet in England, the English courts will have jurisdiction to hear the claim against a foreign defendant (Spiliada Maritime Corp v CansulexLtd [1987] A.C. 460).
Next steps
We are not against freedom of speech and recognise the value of fair comment. At this stage neither we nor our Client have any desire to issue legal proceedings against the operators and the Website and we are keen to do all we can to avoid litigation where possible.
However, in accordance with the pre-action protocol for defamation, we will desist from issuing legal proceedings provided within 14 days of the date of this letter you agree to do the following:
•
remove from publication in their entirety the defamatory threads to prevent harm to our Client and his business;
•
produce an apology and a declaration that the allegations referred to are defamatory and cause such apology and declaration to be published in each of the forums which have given or could give reason for our complaint (such apology to be approved by us prior to publication);
•
provide details of recipients of advice or comments made of this nature, together with contact details for each recipient;
•
make proposals for the payment to us of damages for the harm caused to our reputation; and
•
undertake to actively monitor and delete any newly published defamatory content relatingto our Client.
If the defamatory threads are not permanently removed and the above undertakings are not complied with by 6.00pm GMT on Tuesday 07/10/2014 we shall revert to our Client with a view to recommending that they commence taking steps towards the swift issue of proceedings without further notice.
We draw to your attention the terms of Section 2 of the Defamation Act 1996, under which you have the right to offer to make amends.
We await your response by return. In the meantime we reserve our Client’s rights, in particular the right to produce this letter to the Court when it comes to consider costs under CPR 44.3.
Yours faithfully
Mr Kerry Doyle
Elliot & Harvey Solicitors & Attorneys
Fri Feb 26, 2016 10:55 am
Fri Feb 26, 2016 12:31 pm
Fri Feb 26, 2016 1:09 pm
paulh_85 wrote:when he was email us from the other forum threatening legal action ( ) Craig had a good way of finding out. There is an IP address attached to the email account, you should be able to find it in options somewhere.
mind you he still denyed it was him, he then told us this lawyer was looking into i... a lawyer who did exist at a real law firm in Aus, but he didnt know she was a woman
absolute mad mun
Fri Feb 26, 2016 1:25 pm
Bluebird since 1948 wrote:Forever Blue wrote:And you can post that last E-mail on the forum too. This doesn't end here, not until I get my say Annis. You know I won't give up.
Alan
On Thu, Feb 25, 2016 at 9:17 PM, Alan Jenks <supercrazy249@gmail.com> wrote:
If that's how you want to play it Annis then so be it, I tried and tried to post my views but you and your moderating team have not let me. You have left me no choice but to make further usernames to get my views across. I will not be silenced, I have as much right as anyone to post on your board and I will continue to do so. I am very dissapointed with your decision to ban me on my usernames, I thought you were all for all posters being welcome to post
Allan
On Thu, Feb 25, 2016 at 8:00 PM, Alan Jenks <supercrazy249@gmail.com> wrote:
Annis, I swear I am not Roathie. I just want to post my pro BLUE views. I don't know who Roathie even is, please let me back on this has gone too far now. If my anti tan views offend you then tell me and I will tone them down but I will never stop fighting for our clubs identity.
Allan
I've never minded Roathie posting on here, I find the people that bite and follow him round making fake accounts to challenge him as far more annoying but he needs to give up the ghost now. If these Emails are really him then it's time for him to turn the computer off and move on.
Fri Feb 26, 2016 1:29 pm
Sven wrote:paulh_85 wrote:when he was email us from the other forum threatening legal action ( ) Craig had a good way of finding out. There is an IP address attached to the email account, you should be able to find it in options somewhere.
mind you he still denyed it was him, he then told us this lawyer was looking into i... a lawyer who did exist at a real law firm in Aus, but he didnt know she was a woman
absolute mad mun
Has that 'letter' (the one in the e-mail) been returned fao the Solicitors office in Queensland?
I'm sure they'll take a pretty dim view if it isn't genuine, as it could have been sent be fraudulently!
Fri Feb 26, 2016 1:47 pm
paulh_85 wrote:Sven wrote:paulh_85 wrote:when he was email us from the other forum threatening legal action ( ) Craig had a good way of finding out. There is an IP address attached to the email account, you should be able to find it in options somewhere.
mind you he still denyed it was him, he then told us this lawyer was looking into i... a lawyer who did exist at a real law firm in Aus, but he didnt know she was a woman
absolute mad mun
Has that 'letter' (the one in the e-mail) been returned fao the Solicitors office in Queensland?
I'm sure they'll take a pretty dim view if it isn't genuine, as it could have been sent be fraudulently!
apparently so yes mate, craig did it but not sure he heard anything back off them
Fri Feb 26, 2016 6:12 pm
Fri Feb 26, 2016 7:29 pm
nubbsy wrote:I'd be happy to call EVERY jack b*stard Rothie and f**k the lot of them off. But I'm not really the diplomatic type when it comes to the inbreds
Tue Sep 03, 2019 11:03 am
Tue Sep 03, 2019 11:05 am
Tue Sep 03, 2019 3:37 pm
Tue Sep 03, 2019 5:32 pm
Tue Sep 03, 2019 6:50 pm
Tue Sep 03, 2019 7:12 pm
paulh_85 wrote:As hes pipped up again recently, worth reading this thread for a good laugh at the lengths this absolute madman will go to.
Equal parts impressive/batshit crazy.
as an aside- some good posters in this thread that are no longer on here
Tue Sep 03, 2019 7:37 pm
Jock wrote:It’s a football forum, I think Roathie would be better on an i was abducted by aliens or David Ike type forum.
Tue Sep 03, 2019 7:53 pm
goats wrote:Jock wrote:It’s a football forum, I think Roathie would be better on an i was abducted by aliens or David Ike type forum.
One of the plus points of last year was the disappearance of the few jacks, swapping places was just beautiful and made for a fine summer. You can tell they are getting all excited again, bless.....such simple fools.