forum.sports-pro.co.uk

three out · Posted: Wed Jul 11, 2007 7:14 pm Post subject: Advisory on content of posts

The lengthy text below is taken from a football forum other than this. Football forums are notorious for being 'watched' by a vareity of people - that is not to say we should assume we are safe in our tucked away little part of the internet. Suggest we all think about posting anything that is potentially contestable on a legal basis.

Hi

Its been a long time since I posted here on Owlstalk - although I understand quite a few people have asked about me - which is nice, thanks.

My last post on Owlstalk was back in February 2006 - when many of you will remember was shortly after I had been asked to leave the clubs executive area when I was dining with a friend of mine who owned an executive box. I say 'owned' rather than 'owns' because as a result of that day he hasn't renewed his box, and actually hasn't returned to Hillsborough either since then.

Later that day I was contacted by the Admin of Owlstalk and advised that the club were looking to pursue legal action against me for alleged defamation. This was the first time I had been aware of any offence being taken as a result of my postings on this message board - and although this news was broken to me indirectly - I asked Admin to delete my account and all of my postings. This was the easiest way of ensuring that any offensive posts disappeared for good.

Some weeks later I was written to by Irwin Mitchell Solicitors - who advised me that the club were looking to pursue legal action against me for defamation, however this could be avoided if I paid the clubs legal bill and apologised. I chose not to take advise from a solicitor at that stage - and offered to meet their demands. I had no wish to enter into a lengthly, and above all, costly legal battle. If I'm honest - neither did I want to see my football club enter into a legal battle either that would not only prove costly, but in my opinion potentially divisive too. At the time Irwin Mitchell claimed that their legal bill was £2500 - and I offered to pay it on receipt of a summary of costs, as I felt that was extremely expensive for sending me a letter - obviously they had to account for consultation with their client too - but I still felt within my rights to request this. I was written to again by Irwin Mitchell who told me I should expect to be paying damages as well as costs of around £40,000.00.

Some weeks passed - and shortly after I was called to ameeting with my employer. Irwin Mitchell had written to them on behalf of the club reserving the right to impound my work laptop, and copying my employer in on all of the allegations they were making about me. Obviously this was embarassing, especially as at that time some of the quotes attributed to me were not actually made by me. Additionally the letter from Irwin Mitchell had asked if my employer found it appropriate that I was making posts to Owlstalk in working hours - although my time was, and is, always flexible and to be fair - Irwin Mitchells would not have known that.

I discussed the issue with several close (wednesdayite) friends, and I was advised by Daryl Keys of Wednesdayite that I should speak to another Wednesdayite who had heard of the problems I was experiencing and had offered to support me with the use of his solicitor. This proved to be a tremendous help. The solictor advised me throughout - and removed much of the worry. We were contacted a number of times requesting costs be paid (these had escalated enormously) and for the apology to be made - and as a result of the escalation in costs we always maintained that we had offered to pay the costs when they were £2500 and apologise - and that this offer stood.

After 14th February 2007 - I was advised by my solicitor that the deadline of 12 months for issuing proceedings to me had passed without incident and that the problem was no longer. The solicitor was paid by my Wednesdayite benefactor and I began to get on with life. Anyone who has been through what I have will know how painful and worrying a process it is - it made my divorce seem like a birthday party.

Around 2 weeks ago I was contacted again by my solicitor who advised me that the club had issued proceedings against me on 13th February (on the last possible day they could). They had also waited the maximum possible time (4 months) to serve those proceedings. Their reason for doing this is known only to them.

Having met with my solicitor and considered their Particulars of Claim - my solictor has concluded that the claim is so unlikely to succeed that they have offered to represent me on a CFA basis (no win-no fee).

And that is the current state of play. Right now the solicitors are at the sending letters to each other to clarify points stage - but there is a very real possibility that this case could well end up in court now - and thats what I wanted to avoid at the outset. Regardless of the fact that my benefactor is covering all of the legal costs - it is still a very worrying time - and my advice to anyone on this site or others - is watch your words - they are being scrutinised and I would hate for anyone to have the 16 months I've just experienced.

_________________
One way to stop a runaway horse is to bet on him.