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A solicitor not telling the truth.
Broadsman
post Sun, 10 Feb 2019 - 11:35
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Hi all,

In November 2015, the Broads authority (the Quango that look after the Broads) decided to adopt the name Broads National Park for marketing purposes only.
Since then, the BA have been told they must only use it for marketing purposes only. The CEO has also stated in court that he would not be pushing for full national park status.

The BA have been told by various bodies and DEFRA to not mislead the public.

In the past few days, I received a reply to an email from their solicitor. In the signature it states "Broads Authority, looking after the Broads National Park".

This is in clear contradiction to what they have been told and also a lie, the area is not a National Park.

Now I would assume that a solicitor should tell the truth at all times, even if that is against his paymasters.

Am I correct? If so, what can be done about the lying?
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post Sun, 10 Feb 2019 - 11:35
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Fredd
post Sun, 10 Feb 2019 - 11:59
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It seems to me that it's akin to company trading names; as long as they declare the actual legal entity (which they have) and it couldn't be confused with some other entity with the same name or a protected name, then where's the foul?


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The Rookie
post Sun, 10 Feb 2019 - 12:17
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Broads National Park appears in many places.......http://www.visitthebroads.co.uk/


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southpaw82
post Sun, 10 Feb 2019 - 12:21
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Is the OP for real? Defaming a solicitor is rarely a good idea.

This post has been edited by southpaw82: Sun, 10 Feb 2019 - 12:22


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andy_foster
post Sun, 10 Feb 2019 - 12:51
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QUOTE (southpaw82 @ Sun, 10 Feb 2019 - 12:21) *
Is the OP for real? Defaming a solicitor is rarely a good idea.


Surely solicitors are the best people to defame as they are more likely to have a realistic idea of what is involved in suing for defamation.


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emanresu
post Sun, 10 Feb 2019 - 15:37
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QUOTE
Surely solicitors are the best people to defame as they are more likely to have a realistic idea of what is involved in suing for defamation.


Can't argue with that.

Suppose the same goes for almost all of the legal profession too. Hence Mr SRS's pop at judges who disagree with his "Statements of Truth".
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Broadsman
post Sun, 10 Feb 2019 - 15:56
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QUOTE (southpaw82 @ Sun, 10 Feb 2019 - 12:21) *
Is the OP for real? Defaming a solicitor is rarely a good idea.


Yes I'm for real. Are you telling me that it's a good idea for a solicitor to not tell the truth?
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southpaw82
post Sun, 10 Feb 2019 - 16:12
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QUOTE (Broadsman @ Sun, 10 Feb 2019 - 15:56) *
QUOTE (southpaw82 @ Sun, 10 Feb 2019 - 12:21) *
Is the OP for real? Defaming a solicitor is rarely a good idea.


Yes I'm for real. Are you telling me that it's a good idea for a solicitor to not tell the truth?

I’m not convinced he’s not telling the truth though. However, feel free to write to him and complain. I’m sure he’ll take a view.


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peterguk
post Sun, 10 Feb 2019 - 16:37
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QUOTE (Broadsman @ Sun, 10 Feb 2019 - 15:56) *
QUOTE (southpaw82 @ Sun, 10 Feb 2019 - 12:21) *
Is the OP for real? Defaming a solicitor is rarely a good idea.


Yes I'm for real. Are you telling me that it's a good idea for a solicitor to not tell the truth?


Just so i understand... What is you're whining about? The phrase in the solicitor's signature?


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DancingDad
post Sun, 10 Feb 2019 - 17:06
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I'm a little confused, easily done so please correct me if I am wrong.
But the Broads Authority seem to think that the Broads are a National Park. http://www.broads-authority.gov.uk/
The National Parks and Access to the Countryside Act 1949 includes the Broads as akin to a National Park in some respects.
The National Parks themselves call it a National Park https://nationalparks.uk/quick-guide-to-the...-national-parks
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Fredd
post Sun, 10 Feb 2019 - 18:48
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Not to mention that it seems this issue has already been subject to a Judicial Review, and wasn't found to have legs there.


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roythebus
post Mon, 11 Feb 2019 - 15:03
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QUOTE (southpaw82 @ Sun, 10 Feb 2019 - 16:12) *
QUOTE (Broadsman @ Sun, 10 Feb 2019 - 15:56) *
QUOTE (southpaw82 @ Sun, 10 Feb 2019 - 12:21) *
Is the OP for real? Defaming a solicitor is rarely a good idea.


Yes I'm for real. Are you telling me that it's a good idea for a solicitor to not tell the truth?

I’m not convinced he’s not telling the truth though. However, feel free to write to him and complain. I’m sure he’ll take a view.
And charge for his view. smile.gif

This post has been edited by roythebus: Mon, 11 Feb 2019 - 15:03
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Broadsman
post Wed, 13 Feb 2019 - 18:59
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QUOTE (DancingDad @ Sun, 10 Feb 2019 - 17:06) *
I'm a little confused, easily done so please correct me if I am wrong.
But the Broads Authority seem to think that the Broads are a National Park. http://www.broads-authority.gov.uk/
The National Parks and Access to the Countryside Act 1949 includes the Broads as akin to a National Park in some respects.
The National Parks themselves call it a National Park https://nationalparks.uk/quick-guide-to-the...-national-parks


The Broads are a member of the National Park family but not a National Park. National Parks have 2 purposes, conservation and recreation, the Broads has 3. The aforementioned 2 and navigation. It is this third purpose that stops it from being able to apply the Sandford Principle and therefore not become a national park.

QUOTE (Fredd @ Sun, 10 Feb 2019 - 18:48) *
Not to mention that it seems this issue has already been subject to a Judicial Review, and wasn't found to have legs there.


Ah yes, THAT court case in which the BA were taken to court as they made it clear they would NOT be seeking to become a National Park. This was after they said they would adopt the name for marketing purposes only. Those marketing purposes have now spread to everything else and marketing isn't actually in the BA's remit.

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DancingDad
post Thu, 14 Feb 2019 - 09:38
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Not arguing the finer points of law or remits but if it looks like a duck and quacks like a duck ??
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SatNavSam
post Thu, 14 Feb 2019 - 16:16
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QUOTE (DancingDad @ Thu, 14 Feb 2019 - 09:38) *
Not arguing the finer points of law or remits but if it looks like a duck and quacks like a duck ??


Might be a parrot in disguise laugh.gif


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Spandex
post Thu, 14 Feb 2019 - 16:17
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Isn't an email signature tag line effectively a 'marketing tool'? In which case, the use of the term is allowed as per the ruling?

So, I'm guessing you have some beef with the BA, hence you receiving emails from their solicitor and the tone of your post here - I have to say, if you were hoping to find a chink in their armour and the best you could come up with was the email signature, then things are looking bad.
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