Emily Slater, of Cohen Cramer Solicitors, Leeds, was ordered by High Court Judge HHJ Anthony Thornton QC on 17th January 2013 to release communication between herself and 123-reg / Webfusion Ltd. Below is the 1st attempt she made on the 29th March 2012 (yes, a day before the deadline she had set me to voluntarily remove my blog posts she disagreed with as harassing and disturbing her sheepish client Mr Nick Statman!
As quoted by multiple Judges at various times, Miss Emily Slater seems to exaggerate matters somewhat and does not know the distinct legal difference between an injunction (which they did not have) and undertakings (which were in existence at this point) …. back to Law School? Also more of Miss Emily Slater’s Law and not the Law of England and Wales …. certain legal assumptions that are factually incorrect, but that’s pretty much been the norm for Miss Emily Slater. Of course, everything in Miss Emily Slater’s world is URGENT … except for settling costs and damages when she’s lost so heavily …..
Original can be downloaded here.
Urgent- Our Client Gateway Homes
Sent 29/03/2012 17:43
Domain Names: stuartsblog.org & gateway-homes.biz
Our Clients: Gateway Homes Nationwide Franchise Ltd [Whitehall Franchise Ltd] & Gateway Homes UK Ltd (1) Gateway Homes Nationwide Franchise Ltd (2) Gateway Homes UK Ltd -v- Mr Stuart Brown
Claim Number: HQ12X00803 [3BM90159]
We are instructed by the above clients, Gateway Franchise and Gateway Homes.
We write in relation to the above domain names owned by Mr Stuart Brown (the Defendant), which we understand are hosted by you.
We confirm that there is currently ongoing litigation between our Clients and M r Brown and we therefore consider it necessary to contact and appraise you of the situation.
By way of a background, Mr Brown purchased a number of franchises from our Cl ient, Gateway Franchise. Recently Mr Brown sent our Client formal correspondence within which he indicated that he was insolvent and was applying for bankruptcy. Therefore our Client terminated their Franchise Agreement with Mr Brown in accordance with their contractual rights.
We understand that Clause 12.3.3 -12.3.5 of your Terms and Conditions applicable to your customers (such as Mr Brown) which makes provision for termination of your Agreement in these circumstances. We therefore suspect that Mr Brown’s insolvency is clearly of interest to you, in the event that you have not already been provided with notice of the same.
Mr Brown currently holds our Clients responsible for his financial situation. On Tuesday 27th March our Clients became aware that Mr Brown has now developed a blog on his ‘stuartsblog.org’ website within which he refers to our Clients on numerous pages. Specifically, we refer you to the following:-
http: // www . stuartsblog.org/tag/gateway-homes-national-fracnhise-ltd/
We have already obtained a non-disclosure injunction against Mr Brown, and Mr Brown has made binding promises to the Royal Courts of Justice in London that he will refrain from disclosing confidential information about our Clients, which would be contrary to the Confidentiality Clauses in the Franchise Agreements. For the avoidance of doubt, the Confidentiality Clauses subsist after termination.
We confirm that the above Order contains a Penal Notice which states that:
“ANY OTHER PERSON WHO KNOWS OF THIS ORDER AND DOES ANYTHING WHICH HELPS OR PERMITS THE RESPONDENT TO ACT IN BREACH OF THE TERMS OF THIS ALSO MAY ALSO BE HELD IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.”
We now consider 123-reg to be on notice of this order and that Mr Brown’s posting constitutes a breach of the same. We request that this services is suspended by you as the continued hosting may be construed by the Court in any such application for Contempt of Court to be ‘permitting’ Mr Brown to breach the order.
Furthermore, we consider these posts to be defamatory to our Clients and part of a wider course of conduct within which Mr Brown is harassing our Clients.
We have recently corresponded with Mr Brown informing him that we consider these posts to constitute harassment and advised him that the legal position is that the continued presence of the posts is ongoing harassment. We have requested that Mr Brown takes these posts down, yet it would appear that he is at present unwilling to cooperate.
We are therefore discussing with our Clients obtaining a restraining order against Mr Brown requiring him to stop harassing our Clients and remove the postings.
We note that your General Terms of Service Clauses 5.12- 5.1.4 impose obligations upon the Customers not to use the se rvices for an unlawful purposes or material, not to bring the 123-reg into disrepute and/or breach the good Netiquette practises. lt is our belief that Mr Brown has not complied with his obligations, and therefore in accordance with Clauses 5.5 1 and 5.5.2 you are able to suspend and/or terminate the service. We therefore request that you suspend service from this website with immediate effect, having regard to Clause 19 ofThe Electronic Commerce (EC Directive)regulations 2002.
Furthermore, in relation to the domain name ‘gateway-homes.biz’, we can conf irm that upon termination of Mr Brown’s Agreement, he is required to transfer at his own expense any intellectual property and/or domain names containing the word ‘gateway’. Despite our several requests to Mr Brown that he made the necessary arrangements to transfer this domain name, he had failed to do so.
We note that in your Acceptable Use Policy you confirm that you will cooperate with any rights holder wishing to assert their rights and reserve the right to withdraw service in such circumstances. We would therefore be grateful if you could arrange for the wit hdrawal of this site.
We are grateful for the sites’ assistance in this regard and look forward to hearing from you as soon as possible, particularly having regard to the impending injunction.
Should you have any queries or require copies of any documents confirming the position set our above, please do not hesitate to contact the write on 0113 224 7800.
Cohen Cramer Solicitors, St. George House, 40 Great George Street, Leeds LS I 3DL
DX 713108 Leeds Park Square
Direct Line: +44 (0)113 224 7800
Switchboard: +44 (0)113 244 0597
Facsimile: +44 (0)113 298 7363