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Take a dump, or get off the pot.

Take a dump, or get off the pot.

Postby Hairyloon » Wed Nov 15, 2017 12:12 pm

Is there any way (other than the Limitation Act) to stop somebody from threatening court proceedings? At what point does it become harassment?

I suggest that a letter to say "get on with it or get lost" could make it clear that subsequent letters would be harassment.

It might also push them into actually getting on with it: that does have some clear advantages, but is not really desirable.
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Re: Take a dump, or get off the pot.

Postby Labrador » Wed Nov 15, 2017 2:06 pm

I believe when somebody issues a genuine claim after following the civil procedure rules,it will not be construed as harassment.

However if the claim is spurrious, vexatious or an abuse of process,one can make the matters clear in written correspondence and retain as a matter of record.

If the claim proceeds on that basis,one can make an application through the court for a strikeout and or summary judgement, thereby speeding up the process. :D
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Re: Take a dump, or get off the pot.

Postby diy » Wed Nov 15, 2017 2:17 pm

Someone claims
Someone disputes the claim
the person argues
the person continues the dispute

If you go back to previous letters stating your position is unchanged then they'll soon get the message that its time to poo.
My suggestions are not legal advice
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Re: Take a dump, or get off the pot.

Postby Hairyloon » Wed Nov 15, 2017 2:23 pm

Labrador wrote:I believe when somebody issues a genuine claim after following the civil procedure rules,it will not be construed as harassment.

Obviously the actual issuing of the claim should not be harassment. It is the perpetual threats that are causing distress.
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put up or shut up

Postby atticus » Wed Nov 15, 2017 2:24 pm

In intellectual property, there has always been the concept of a "threats action". There is now the Threats Act 2017.

Some reading matter: https://www.twobirds.com/en/news/articl ... s-act-2017
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put up or shut up

Postby atticus » Wed Nov 15, 2017 2:27 pm

On harassment, we have had the discussion recently: viewtopic.php?f=5&t=8249&start=20#p105575
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Re: put up or shut up

Postby diy » Wed Nov 15, 2017 3:51 pm

atticus wrote:In intellectual property, there has always been the concept of a "threats action". There is now the Threats Act 2017.

Some reading matter: https://www.twobirds.com/en/news/articl ... s-act-2017


I like the look of that act. Hopefully it will stop people trying to clear others out of their IP on a bluff
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Re:put up or shut up

Postby atticus » Wed Nov 15, 2017 4:55 pm

"Threats actions" have been available before this Act.
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Re: put up or shut up

Postby Hairyloon » Wed Nov 15, 2017 5:51 pm

atticus wrote:In intellectual property, there has always been the concept of a "threats action". There is now the Threats Act 2017.

Some reading matter: https://www.twobirds.com/en/news/articl ... s-act-2017


Alas this is not an IP issue.
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Re: Take a dump, or get off the pot.

Postby shootist » Wed Nov 15, 2017 5:57 pm

I regularly get threatening letters from the TV licensing gits. They are most intimidating and quite certainly threatening, and are clearly meant to harrass. Do they bother me? They are empty threats. Occasionally, on the rare occasions that their so called enforcement officers call, I will, if the mood is right, gain some entertainment with them in obstructing their efforts to persuade me to provide the evidence they need to prosecute me, should such evidence exist. What's to bother with?
“Injustice anywhere is a threat to justice everywhere." MLK.
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