[talks-uk] Re: Clarification and resolution
- From: "Howie, Sam" <Sam.Howie@xxxxxxxxxxxxxx>
- To: "'talks-uk@xxxxxxxxxxxxx'" <talks-uk@xxxxxxxxxxxxx>
- Date: Wed, 9 Dec 2009 10:33:17 +0000
Any chance we can stop this whole thread if people are leaving the list then
leave but can we get back to discussing talks
Rant over
Sam
-----Original Message-----
From: talks-uk-bounce@xxxxxxxxxxxxx [mailto:talks-uk-bounce@xxxxxxxxxxxxx] On
Behalf Of Jackie Cairns
Sent: 09 December 2009 10:19
To: talks-uk@xxxxxxxxxxxxx
Subject: [talks-uk] Re: Clarification and resolution
Hi Eleanor
Thanks, I know, I did law as part of my journalism courses.
Jackie Cairns
Braille Specialist
Email: jackie.cairns@xxxxxxxxxxxxxxxxxxx
Sight and Sound Technology Ltd
Welton House North Wing
Summerhouse Road
Moulton Park
Northampton
NN3 6WD
Tel: 01604 798024
Mob: 07887 883815
www.sightandsound.co.uk
-----Original Message-----
From: talks-uk-bounce@xxxxxxxxxxxxx
[mailto:talks-uk-bounce@xxxxxxxxxxxxx] On Behalf Of Eleanor Burke
Sent: 08 December 2009 20:39
To: talks-uk@xxxxxxxxxxxxx
Subject: [talks-uk] Re: Clarification and resolution
For the record Jackie and others
What is defamation?
If you have defamed a person, you can be held liable for damages (money)
if certain conditions are met. You have defamed a person if you make a
statement which:
tends to lower the person's reputation in the eyes of ordinary members
of the community
leads people to ridicule, avoid or despise the person, or
injures the person's reputation in business, trade or profession. Note
that the mere fact that you have defamed somebody does not mean that you
will be held liable in court. There may be defences available to you
(see over). A defamatory statement can be written or verbal. To be
defamatory, the material must be 'published' or made known to someone
other than the person defamed. This can include saying something in
front of other people, publishing an article in a newsletter, or writing
something on a website.
The reporting of allegations can still be defamatory, because an
ordinary reader or listener will infer that there is some factual basis
to the allegation.
Example: To say 'it has been alleged that Councillor Smith is corrupt
and has been stealing local government funds' is defamatory, unless this
is a fair report of court or Parliamentary proceedings.
A statement may be defamatory even if that was not the intention. If an
ordinary reader or listener would understand or infer that the material
has a defamatory meaning, then defamation has taken place. As the saying
goes:
"It's what you hit, not what you aim at". You must also be careful of
innuendo or knowledge that a reader or listener may already have. If the
reader has knowledge of facts which in addition to your information form
a defamatory imputation, you can still be held liable.
Example: A letter to the editor of a local newspaper stating that
someone is using mafia-like tactics may be defamatory as readers may
have other knowledge of what it means to act in a mafia-like way. Even
if the author did not mean that the person was being violent, readers
are likely to conclude this is what was meant.
----- Original Message -----
From: "Jackie Cairns" <jackie.cairns@xxxxxxxxxxxxxxxxxxx>
To: <talks-uk@xxxxxxxxxxxxx>
Sent: Tuesday, December 08, 2009 2:55 PM
Subject: [talks-uk] Re: Clarification and resolution
Hi Pete
I completely agree with you. And it is defamation because the Emails
are in writing. Slander is verbal.
Jackie Cairns
Braille Specialist
Email: jackie.cairns@xxxxxxxxxxxxxxxxxxx
Sight and Sound Technology Ltd
Welton House North Wing
Summerhouse Road
Moulton Park
Northampton
NN3 6WD
Tel: 01604 798024
Mob: 07887 883815
www.sightandsound.co.uk
-----Original Message-----
From: talks-uk-bounce@xxxxxxxxxxxxx
[mailto:talks-uk-bounce@xxxxxxxxxxxxx] On Behalf Of DurDevil
Sent: 07 December 2009 20:40
To: Talks-Uk Email group
Subject: [talks-uk] Re: Clarification and resolution
I agree with Eleanor; I do not think that Barbra should leave the list
as she helps a lot of people.
This situation has been confused and blown out of proportion and in my
opinion should have never been brought to this list by Barry in the
first place as this is surely public slander of Barbra's name. I also
think that Barry's subsequent emails off list to some of the list
members is simply rude and quite childish and again could be slander? I
don't know as am no legal expert but was this really necessary?
Life's too short for this! I've been on this list for a fair while and
I've seen a massive amount of emails from Barbra helping people.... So
should the Talks users lose out on this kind persons support just
because of one guys vendetta and a old confusing situation over a
license which was not her fault (and is resolved anyway!)
Cheers
Pete
----Original Message-----
From: DurDevil [mailto:durdevil@xxxxxxxxxxxxxx]
Sent: 07 December 2009 20:18
To: Home
Subject: FW: [talks-uk] Re: Clarification and resolution
-original message-
Subject: [talks-uk] Re: Clarification and resolution
From: "Eleanor Burke" <eleanorburke@xxxxxxxxxxxxxx>
Date: 07/12/2009 7:23 pm
I vote for Barbra to stay on the list and will be very disappointed if
she
leaves the list. She gives us excelslent advice on Talks and that is
what
we are here for. We are not worried about people and their trickey
dealings.
Eleanor
----- Original Message -----
From: "Barbara Wilson" <barkingbabs@xxxxxxxxxxxxxxx>
To: "talks-uk" <talks-uk@xxxxxxxxxxxxx>
Sent: Monday, December 07, 2009 6:53 PM
Subject: [talks-uk] Clarification and resolution
> Okay folks. Sorry I have been away all day and only able now to post.
I am
> sorry for the bulk of Emails this issue has generated for people. I
want
> to clarify my position.
>
> I purchased a Nokia E50 from Anna Byrne. Anna Burne, for reasons I did
not
> question, asked for the cheque to be made out to M B Littler. At no
time
> did Anna Byrne say she was M B Littler and at no time did Anna Byrne
imply
> that the phone belonged to M B Littler. Neither did she inform me that
M B
> Littler was Bridie Littler. Perhaps I should have sought clarification
on
> this at the time, but I simply assumed that Anna Byrne, for reasons
which
> were her own business, wanted someone else to cash the cheque on her
> behalf. With over a year's further experience under my belt, I believe
I
> should have sought clarification on who actually owned the phone and
that
> is certainly what I would do today. But you will read from the Emails
> forwarded by Barry that my dealings were with Anna Byrne, and that
indeed
> the Email was signed Anna, followed by AB. At no time were they signed
by
> either M B Littler or Bridie Littler.
>
> I am sure a legal mind could argue about the recipient of the cheque
being
> the person I entered into a deal with, but I am not a lawyer and don't
> claim to have that sort of knowledge.
>
> In addition, while I remember Bridie ringing me to inquire about how
to
> purchase an upgrade, I certainly don't remember refering to a previous
> purchase from her. I also pose the question, if Bridie believed I used
her
> upgrade without her knowledge or permission, then why did she ring me
to
> ask about upgrades and not another seller? The records of my orders
placed
> with the dealer from whom I purchased TALKS at the time do not show
this
> upgrade as having been used. So whoever used it, it most definitely
wasn't
> me.
>
> Had Bridie and Barry at the time of making their allegations mentioned
> that the phone in question was purchased from Anna Byrne, then my
records
> would have confirmed this. But they both clearly stated that the phone
I
> purchased was from Bridie Littler.
>
> However, I continue to refute the allegation that I used the upgrade
> allowance remaining on that phone. I have never purchased a
second-hand
> phone on which there was a TALKS upgrade remaining. If I had, I would
> refer it back to the previous owner of the phone who is still the
legal
> owner of the TALKS license.
>
> I leave it up to list members to draw their own conclusions. I am not
> asking for anyone to come on the list and either support or denounce
me.
> This is not what this list is for. This has always been a useful and
> friendly list and I apologise to all list members if I have, albeit
> inadvertently, spoiled it even for a short space of time.
>
> Both Bridie and Barry take issue that while they were removed from the
> list, I was allowed to remain. While at no time admitting any
wrong-doing,
> I am asking the moderator to unsubscribe me from this list. I am doing
> this to prevent further annoyance and inconvenience to other list
members.
> If I am no longer a list member, then perhaps these people will cease
to
> bombard members with Emails.
>
> I will add also that during this whole affair, Barry Hughes has
refused to
> allow Bridie and myself the time and privacy to sort this matter out
> between ourselves. Because of some confusion, this whole thing has
> spiralled out of control and mainly because one man would not allow it
to
> be sorted out between two people.
>
> Once again I am sorry for any nuisance this has caused list members. I
am
> greatful for all the messages of support I have received, but I
believe it
> best for the list if I leave until others decide to let this whole
issue
> rest.
>
> Kind Regards
>
>
> Find me on Twitter http://www.twitter.com/barkingbabs
> Barbara Wilson
> M: 07917710779
> T: 02887784046
> E: barkingbabs@xxxxxxxxxxxxxxx
> IM: creativeeyes@xxxxxxxxxxxxx
> Skype: creativeeyes
>
>
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