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  #31   Report Post  
Old 08-09-2004, 09:31 PM
Sacha
 
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On 8/9/04 19:59, in article , "Peter Crosland"
wrote:
snip
I cannot imagine anything more potentially damaging than believing
such specialised advice from the net. DON'T DO IT!


That is a very sweeping statement Sacha and somewhat cynical.


You bet.

Of course with
any advice given here it needs to be taken with considerable care and should
not be considered definitive.


Which is what I said.

Having said that I agree that many of the
answers given have been littered with errors and omissions. That does not
mean to say that all the points are worthless. Are we to assume that all the
gardening answers are to be treated as perfect? There are plenty of dangers
in the garden if people take flawed advice!


Precisely. Are you a lawyer, qualified to give an opinion that will stand
up in a court of law? How do we know that you are correct that the answers
given are littered with errors and omissions? You do not include your own
in that, presumably? If you don't, why not? Are you a lawyer, qualified
to give such advice?

Perhaps you would be good enough to post your qualis and the name of your
firm here, so that anyone wishing to follow your advice may check your
ability to give it.

I post our point of contact always (except when I have a memory lapse). That
means people can choose to trust me or not - when I don't know an answer and
consult my husband or stepson, I say so. You show me *your* qualis because
I've shown you mine. ;-)

What I am doing is emphasising Caveat lector. What are you doing?
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)


  #32   Report Post  
Old 08-09-2004, 09:50 PM
Nick Maclaren
 
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In article ,
David Hill wrote:
Nick said "As the cheapest decent shirt is nowadays over 20 quid, he may
have bought an up-market one at 50, ...."

So by implication I and I should think many others on this site have Never
had a decent shirt..........Balderdash


Quite a lot of people probably never have. I have never worn an
expensive or 'designer' shirt in my life. I should appreciate the
benefit of your wisdom in finding where to buy shirts, as my normal
source (Marks and Sparks) is getting much less reliable.

I also don't have Goochi, Kalvin Kline or any designer cloths But do have
Good cloths, just dont believe in paying double (or more) just foe a Name.


OK. From where?

I don't mind too much what the cloth is, cotton, linen, any of the
other 'shirt grade' natural fibres, but I gave up wearing plastic
some time ago on the grounds of its unbreathability in the poorly
ventilated office I work in, and the amount of unnecessary sweating
it causes when I need to even walk fast in hot weather.

Over to you.


Regards,
Nick Maclaren.
  #34   Report Post  
Old 08-09-2004, 09:59 PM
Nick Maclaren
 
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In article ,
Sacha wrote:

I have been. And I'm right. ;-(


You are indeed.

The OP's best bet is the CAB - not just for this event but for any that
follow. Find out the parameters of legal responsibility there and if need
be, consult a friendly lawyer. ...


And, for heaven's sake, do NOT make an insulting offer! Better no
offer at all than that - it will merely increase the risk of the
claimant getting annoyed and following the matter through.

Also, the "without prejudice" exemption is conditional. If it is
used inappropriately (and there is an incredible amount of legal
gobbledegook about what that means), it is not merely void, the
contents of the communication can be used as evidence against the
person who wrote it.


Regards,
Nick Maclaren.
  #35   Report Post  
Old 08-09-2004, 10:08 PM
Nick Maclaren
 
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In article ,
Victoria Clare wrote:
Sacha wrote in news:BD651C93.3221%
:

Are you a lawyer, qualified
to give such advice?


Sacha has a point. Even lawyers may not be qualified to advise: lawyers
come in lots of flavours, most of them specialists in a particular area.

When I set up my small company, a qualified practicing lawyer who usually
deals with rather larger companies gave me incorrect information about Data
Protection Act registration.

(At least, I'm assuming he was wrong, as the govt helpline and website both
said he was. I'm not sure how they decide these things, but I'm hoping
that some sort of duel inside a big wire cage may be involved. With spears
or something. ;-) )


As someone who has had to become a partial expert as part of my job,
I am qualified to say that few lawyers have a clue what it means,
the official 'clarifications' conflict with it, the successive
Data Registrars have expressed bafflement and frustration over its
wording, there was one House of Lords case where 2 out of 3 judges
interpreted it to mean the converse of what the English said (using
the 'intent of Parliament' concept) and there is at least one
circumstance where it creates a criminal offence but explicitly
forbids anyone to prosecute the culprit. The last two apply to the
old Act - I would need to recheck for the current one.

Beyond that, it is doubtless a marvel of modern legislation.


Regards,
Nick Maclaren.


  #36   Report Post  
Old 08-09-2004, 10:10 PM
Sacha
 
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On 8/9/04 20:59, in article , "Nick
Maclaren" wrote:

In article ,
Sacha wrote:

I have been. And I'm right. ;-(


You are indeed.

The OP's best bet is the CAB - not just for this event but for any that
follow. Find out the parameters of legal responsibility there and if need
be, consult a friendly lawyer. ...


And, for heaven's sake, do NOT make an insulting offer! snip


Make NO offer, I think, don't you? Offers mean negotiations are opened and
without a lawyer's advice that shouldn't occur. Make no offer in case it
admits responsibility. Talk to the CAB or a lawyer.

Talk to the CAB - find a friendly freebie lawyer. This is not just over
this blasted shirt, of course but all future events the OP plans. And I
cannot repeat too often - except for those who don't like it - do not take
advice of this nature over the Internet unless it is backed up with a name,
a company name and a telephone number, all of which imply a willingness to
take responsibility for the professional advice proffered. *Everyone's* a
potential expert in cyberspace!
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)

  #37   Report Post  
Old 08-09-2004, 11:32 PM
Peter Crosland
 
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Dear oh dear. Touched a nerve have I? What I was emphasising was to not
over-react to what is essentially, in legal terms, a trivial matter that
nobody with a reasonable amount of common sense would dream of litigating.
On the one hand you suggest a totally over the top reaction of going to the
CAB or a solicitor over a matter that should have been dealt without the
need for recourse to either. Neither I, nor anyone else involved in the
discussion, has made any claim to have a formal legal qualification. That
does not mean to say that none of us are ignorant of the law. You on the
other hand have made wild assumptions without any basis for them at all.
Furthermore you seem to think you are the only one entitled to an opinion
and that anybody else's opinion is worthless. More than a bit arrogant and
hypocritical I would say.


  #38   Report Post  
Old 09-09-2004, 09:00 AM
Kay
 
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In article , Janet Baraclough.
.. writes
The message
from Kay contains these words:

I don't buy that one! Someone tells me that if I want to enter a show, I
am going to have an ink stamp, which I don't want, on my hand. And then
I have to worry for the next several hours about keeping my hand away
from my clothing?


Whenever I've had a hand stamp, it's been on the back of the left
hand. Not a part that comes into contact with clothing much, IME.


Easy to rub off on to shirt cuffs. And dirty shirt cuffs look pretty
slummy - an indelible stain on a shirt cuff would make it unwearable for
smart use.

If someone is going to insist I have my hand stamped, I reckon they also
have a duty to make sure a) that it is washable and I don't have to wear
the mark for days to come b) that it isn't going to cause permanent
damage to anything it comes in contact with, such as clothing.


If it's non-permanent, washable and easy to remove from skin, it's
likely to be the same on fabric ?

One would have thought so.
--
Kay
"Do not insult the crocodile until you have crossed the river"

  #39   Report Post  
Old 09-09-2004, 09:33 AM
BAC
 
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"Peter Crosland" wrote in message
...
If it went to (small claims) court and he won, your outlay most
probably would not be limited to the amount the court considered
appropriate for replacement of the damaged article and any
consequential losses. The court would probably consider adding the
costs of bringing the action, attending the court, etc. Add to that
your own defence costs, including the value of the time wasted, and
possibly the adverse publicity springing from a decision against you
being reported, and the aggregate is the sum to be compared with
whatever it might cost to settle 'amicably', without conceding
liability.


Highly improbable! De minimis comes to mind.



What's improbable, that he might win, or that, if he did, costs might be
awarded, or that there might be adverse publicity, or that the time spent in
defending the case might be significant, or what?


  #40   Report Post  
Old 09-09-2004, 10:22 AM
David Hill
 
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I don't buy that one! Someone tells me that if I want to enter a show, I
am going to have an ink stamp, which I don't want, on my hand. And then
I have to worry for the next several hours about keeping my hand away
from my clothing?



Don't people read the thread.
The stamp on the back of the hand was for Pass out, not for entry, for that
you would have your ticket.

--
David Hill
Abacus nurseries
www.abacus-nurseries.co.uk






  #41   Report Post  
Old 09-09-2004, 10:44 AM
H&P
 
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"Jim W" wrote in message
news:1gjtgtx.12ap5azxsi086N%00senetnospamtodayta@m acunlimited.net...
Ken Richardson wrote:


A gentleman who attended our show complained two days later that the

ink
from the stamp used as a pass out on the back of his hand got on to his
shirt and cannot be removed. Does he have any right to make a claim.from

us
or should we direct him to the manufacturers of the stamp.
Thanks.



1) Has he come back with the shirt.. eg have you seen the damage..

(suspicious aren't I but it could be a variation of the 'your waiter
damaged my suit in the restaurant' scam of old..

2) Have you contacted your insurance company.. Believe it or not they
do sometimes give advice at no charge..

Jim


Also has the complainant actually asked for "Compensation" or simply pointed
out to the organisers of the show that a better system might be more
appropriate next time they run an event?
He may only be alerting them to a possible problem.
Joe


  #42   Report Post  
Old 09-09-2004, 01:08 PM
Sacha
 
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On 8/9/04 22:32, in article , "Peter Crosland"
wrote:

Dear oh dear. Touched a nerve have I?


I'd say the boot is on the other foot, judging by your reaction.

What I was emphasising was to not
over-react to what is essentially, in legal terms, a trivial matter that
nobody with a reasonable amount of common sense would dream of litigating.
On the one hand you suggest a totally over the top reaction of going to the
CAB or a solicitor over a matter that should have been dealt without the
need for recourse to either.


Read what I wrote - they need to know where they stand in the light of
future events, too.

Neither I, nor anyone else involved in the
discussion, has made any claim to have a formal legal qualification. That
does not mean to say that none of us are ignorant of the law. You on the
other hand have made wild assumptions without any basis for them at all.
Furthermore you seem to think you are the only one entitled to an opinion
and that anybody else's opinion is worthless. More than a bit arrogant and
hypocritical I would say.


And you still fail to give your qualifications or the name of the legal firm
for which you work as a lawyer.
I'd say handing out legal advice without proof that you're qualified to do
so is more than arrogant, it's potentially dangerous for anyone who might
naively act upon it. Free advice from barrackroom lawyers is usually worth
exactly what you pay for it.
--
Sacha
www.hillhousenursery.co.uk
South Devon
(remove the weeds to email me)

  #43   Report Post  
Old 09-09-2004, 03:27 PM
Peter Crosland
 
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Neither I, nor anyone else involved in the
discussion, has made any claim to have a formal legal qualification.
That does not mean to say that none of us are ignorant of the law.


And you still fail to give your qualifications or the name of the
legal firm for which you work as a lawyer.


Have you actually read the paragraph above? It does not appear so!

I quote

"Neither I, nor anyone else involved in the discussion, has made any claim
to have a formal legal qualification."

I have never claimed to have any major legal qualification though I do have
some forty years experience of dealing with a wide variety of legal problems
all but one of which I have been able to resolve successfully without
recourse to professional help. That includes two legal actions against the
Inland Revenue and a private prosecution for careless driving against
someone. In all the other cases it was possible to resolve matters
informally. Just for the record I did study law to A level and HNC level but
I don't claim to know it all, but the matter under discussion really is so
trivial that it should not even be considered as matter for litigation.
Don't take my word for it but almost any lawyer will tell that litigation
should be the very last resort. Unfortunately the common attitude to day is
sue first and consider later.

It seems to be entirely a product of your imagination that any of the people
who reply have are practicing lawyers. You make the assumption that only
those in legal practice or with a formal legal qualifications have any
knowledge of the law. If you go to the CAB you will almost certainly be
advised in the first instance by someone who does not have a formal legal
qualification but you are quite happy to recommend people go their.
Furthermore you had the effrontery to pour scorn on other people's advice
even before it had been given. I don't seem to remember you querying the
credentials of the many people giving advice on gardening. That seems
somewhat bigoted and hypocritical to me.



  #44   Report Post  
Old 09-09-2004, 03:39 PM
Peter Crosland
 
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What's improbable, that he might win, or that, if he did, costs might
be awarded, or that there might be adverse publicity, or that the
time spent in defending the case might be significant, or what?


In the small claims court it is not normal to get costs awarded. Small
claims actions are not normally reported anyway. Why not do some research
yourself?


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