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Post by danielquinn on Aug 27, 2014 9:52:05 GMT
You can't sue for damages if someone shags your wife .
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Post by dvh on Aug 27, 2014 10:06:01 GMT
You can't sue for damages if someone shags your wife . Maybe not now; you certainly used to be able to do so, on the basis that the wife was the property of the husband, and to have 'criminal conversation' with another man's wife was a civil offence for which you could be sued. en.wikipedia.org/wiki/Criminal_conversation'Suits for criminal conversation reached their height in late 18th and early 19th-century England, where large sums, often between £10,000 and £20,000 could be demanded by the plaintiff, for "debauching" his wife. These suits were conducted at the Court of the King's Bench in Westminster Hall'.
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Post by MartinT on Aug 27, 2014 16:24:54 GMT
you can't claim for your own inadequacy , incompetency or ineptitude , that is total bollocks. You do seem to suffer from not reading a post properly. My reference was to the US, where the above happens regularly. Coffee too hot? Sue McDonalds because you were too stupid to know that coffee is served hot. That was clearly worth the $2.86M she received. In prison for beating someone half to death? Sue Nike for $100M, because you were wearing their footwear and used it to kick their face in.
My sister was sued by the people who bought their previous house because they found a cockroach. This is Texas, cockroaches are everywhere and pest services is a normal way of life. No matter, they sued for 'emotional damage'. This bollocks went on, with both sides' lawyers waging war on each other. The result was that she had to pay $30,000 damages and $17,000 legal costs. You read that right: $47,000 out of pocket because it's a known scam and the real winners are the slimy lawyers who encourage it. It's not covered by insurance, it's a real cost that hurt them badly.
I do not want to see this kind of practice cross the Atlantic, but the danger is there. We already have overpaid thuggish footballers who seem to be able to use the law to prevent our even naming them in some scandal of their creation. How is that in the best interests of the people?
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Post by danielquinn on Aug 27, 2014 16:41:32 GMT
If that is all there is to that story then it can't happen here. All claims are founded on law and i struggle to understand what law Gave rise to that claim even in the us.
In England you can't sue for hurt feelings. Pyschological damages are restricted to diagnosed mental illness and it must be foreseeable that your actionwotld cause such an illness. This claiming a cockroach caused your depression would be laughed at.
P's. I Accept your comment was about the us.
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Post by dvh on Aug 27, 2014 17:48:00 GMT
Balanced against the US 'compensation culture' is the fact that they enjoy a much greater freedom of expression compared to the UK, which has become a place for 'libel tourists' to sue publishers for defamation even if the book in question sold very few copies here. I'm aware that recent rulings may limit the more extreme examples of this, eg www.theguardian.com/media/shortcuts/2013/oct/15/end-for-britain-libel-tourism
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Post by danielquinn on Aug 28, 2014 8:16:45 GMT
The guardian campaign against libel is a little self serving . The fact is the truth is an absolute defence to libel and fair comment is also a defence , so they should just print the truth and fair comment .
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Post by dvh on Aug 28, 2014 11:50:21 GMT
I would prefer the US approach, where the burden is on the plaintiff to prove that the alleged defmatory statement was a) known by the publisher to be untrue b) was published without adequate research into its truthfulness and c) was published with the intent of harming the plaintiff. I think the UK law has been a factor in preventing the exposure of wrongdoings by the rich and powerful.
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Post by pinkie on Aug 28, 2014 16:24:59 GMT
Have we drifted? Since we have, if a girl with briefs tied with pink string is called a barrister, what is a girl without briefs called? A solicitor
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Post by danielquinn on Aug 29, 2014 7:26:02 GMT
Are you sure you are not in Edinburgh?
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Post by pinkie on Aug 29, 2014 17:53:32 GMT
Just back from the tour safe and sound - great return journey. Now I am back at a proper keyboard, I can address a couple of points properly, but I'll leave it to tomorrow to deal with Genesis song versions and UK v French tax policy. Briefly - thanks to Gordon for the much better, but sadly unrepeatable, solicitor joke. Oh - maybe repeatable, I'll reflect. A lovely french accountant called Sarah, has help me come up with some solutions to the unbearable French social charges, which at least put that aspect of "operation move to France" back on track. However, apart from the battering I received from every French businessman I spoke to about the "unsupportable and insane" French social charges, and the impossibility of running a business from France, we hit a couple of other walls, which have shoved the plans for the move back at least a year, maybe as much as 8 years. No1 - we found our dream house in Granes, whilst there, offered on it, arranged mortgage finance in principle on it, and the vendors have changed their mind and taken it off the market. That has really sand-bagged us - particularly Sue who is heartbroken, and we have agreed to give it a rest for next year. (at the moment) No 2 - my school friend Kevin died of bone and brain cancer last week (I had thought it had been arrested - permanently, and was shocked to be informed by another friend of his rapid deterioration shortly after getting the news about the house in Granes). The funeral is a week today. My age, my youth. A lovely guy - leaves a wife and two teenage children. Last year Sue lost John - who she sang with for over 25 years - aged 49, and I lost a friend to a stroke who was only 57 and as youthful a 57 year old as you could ever expect to meet We had previously concluded "Carpe diem" with regard to No2 - stop fannying about and move and live the dream while you can. Kev's death is a bit close to home though, and I asked Sue "what would you do if I die shortly after we move to France" and we realised we need to do a bit of building of her income and pension provision. Hence the further deferral while we take stock and plan Still - good to know DQ will be rooting for me now I've solved the tax problem More on the other points tomorrow
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Post by pinkie on Aug 30, 2014 11:04:50 GMT
Thompson only ever played drums live. Thus his appearances are restricted to live albums from 77 onwards not studio. Suppers ready is on foxtrot 1973 and Collins is on drums. It is his finest hour and prompted gabriel to use Collins on his 3rd eponymous album famous for forsaking cymbals. My raison d'etre is to assist the powerless done wrong by the powerful. Yours is to diminish the exchequer. And you call me a shark. It is also litigation which is a noble arena as the looser don't get paid and pays the other side . Accountants on no win no fee can't see that happening. An interesting cocktail, starting with pseuds corner. My reference to "Suppers Ready" by Genesis was regarding it as the source of your wisdom on Narcissism. The lyrics are identical in all versions. But you are right - the original album version, on my original (american import) vinyl LP purchased from a record fair in my 4th year at Gravesend Grammar school features Gabriel on lyrics and Collins on drums. Partly to draw out the pedant and pretentious pseud, and partly to emphasise free choice in a non-marxist world, I picked not the album version, nor the first live version I saw, but the last live version of Suppers Ready I saw, after PG had left, just before SH likewise defected, and featured PC on vocals and CT on the sticks. Akin to specifying the Mariner / ASMF version of Vivaldi's 4 seasons when describing it as a piece which features "Autumn". Tongue-in-cheek, but it elicited the expected response! "My raison d'etre..." - Astonishing bollocks. Solicitors act to line their pockets. These noble beings fight both sides of an argument - so one is backing the false claim. They are paid by activity not achievement. When I suggested to you (tongue-in-cheek) that you act for me against Marco for slander, you pointed out why you could not act "no win no fee". My guess would be no more than 10% of your income is on that basis. It plainly isnt a relevant basis for charging for accountancy services, which are in general more procedural than confrontational. Take my divorce - although I "won" all cases (there were at least 4 court decided issues) - and absolutely "won" them - with the decision being entirely my version, I was awarded costs only in the first. And those were taxed - so the actual costs recovered were less than those expended (and we weren't talking London firm rates for this). For the others - each side bore their own costs. (The second matter - changing the childrens schools, I acted for myself, since it was a bloody farce, and didnt need a solicitor to act as a secretary so there were no costs to recover in my case). However - the corrupt system allowed my ex to continue to pursue an entirely fatuous case on credit, only to lose over £50,000 of her eventual divorce settlement (about 80% of it) to her solicitors, who took their fee once they had successfully lost their case. I declined to pay over £20,000 of the fee bill presented to me by my solicitors, who whined a lot, but declined to pursue me for recovery of the amount. Why - RTFQ! I had told them, I could not afford their services on an open ended cheque book, and only wished to pay for specific services where we were to agree the fee basis and amount in advance, or as work progressed, with a maximum unauthorised "float" of £1000. Essentially the only services I wished to pay for were the taxation of their bloody fees for the first case, and the recovery of those, and matters which required a barrister to be briefed. I wanted to pay for advice - not admin, and advised them of that specifically in writing. They ignored me, and ran up a ledger regardless. A noble profession indeed. The confrontation - and absurd, disproportionate costs, arose because my ex was puppet to her new man - who she is now separated from, but unable to divorce, or pursue for ancillary relief because she is dependant on any financial handouts to her he is prepared to make. Twice bankrupt, he has an estimated income of £500,000pa all of which is in cash, via nominees who act as shareholders and directors for his business, whilst he "has no money". Accordingly, my ex cannot get a solicitor to act on a no win no fee basis, has no money herself (her husband previously put things in her name by forging her signature, and bankrupted her by obtaining credit cards in her name and spending the money - she has an 8 year bankruptcy restriction undertaking as a result - he managed to escape scott free. The legal system lined the pockets of two firms of solicitors by taking the money from my children. Tell me about it DQ In another case, a top london firm acting for my client, there was an earnout contract dispute over an interpretation of an accounting term. The firms partner charge out rate £500per hour - the barrister retained - £750 per hour - total legal costs of WINNING the point, which basically I did all the work for, £127000 - which, as a "strategy" recommended by the solicitors - was an agreement to follow the dispute resolution procedure set out in the original contract, on the basis each side bear their own costs. So my client pays me £5,500 and solicitor and barrister combined £127,000 to successfully defend in a slam-dunk ruling by the agreed independant expert, because of a vexatious dispute engineered by the other side. Costs borne by the loser - which Marxist fantasy planet do you practice law on? The legal profession exists to benefit the very wealthy, and the solicitors - and some may question how I draw a distinction between those two groups. Moreover - mine is not to diminish the Exchequer. It is to enable individuals and businesses to structure their affairs in a way which, among other things, takes maximum advantage of the taxation alternatives offered. As for tax planning, fiscal policy and the gloomily anticipated spiral of fiscal decline for the French government, I will leave that for a separate post. Suffice to say for now that, as appears to be your forte, you didnt read my post. It is not that I cannot live in France. I can retire there, or live on rental income, pension income, dividends from my investment portfolio or other wealth, under a moderate and reasonable tax regime. I cannot work there, and generate wealth for the benefit of the economy. My choice of business structure and remuneration, using legitimate alternatives available to me, is akin to DQ saving for the chocolate-covered childs education using an ISA instead of a regular bank account. Is that a sinful "diminishing of the exchequer" - or a legitimate use of a tax break? And I suspect shocking hypocrisy - although because DQ hides his identity so coyly (just one of the reasons his threats of litigation are bullshit - since he would have to come out of the closet), I bet the legal firm he works for (I assume from his comments he is an oily rag and not an engine driver) "cheats the exchequer" I bet that legal organisation is an LLP, with individual partners being limited companies owned by the solicitor "partners", and a separate limited company which is the admin service vehicle - a structure employed by nearly all firms of solicitors as a tax and NI avoidance vehicle. Just possibly, the oily rags are also made "salaried partners" so that their remuneration is on a self-employed rather than and employed basis - a loophole so widely exploited by solicitors that the government have introduced legislation which this year closes it (somewhat). A noble profession indeed. As far as I can determine, that is only the view of the profession itself.
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Post by Deleted on Aug 30, 2014 13:12:17 GMT
So basically, what you are saying is, solicitors are top of your birthday list
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Post by pinkie on Aug 30, 2014 14:12:29 GMT
So basically, what you are saying is, solicitors are top of your birthday list I know some good solicitors who are decent people. There are good and bad in all. And a bit like the barmy UK national insurance situation, the fault is as more the system than the individuals working within it - but the guys know how to charge, and I had a stinking ride in the divorce, and thought the contract dispute another example of how the system lines the pockets of solicitors and fails to protect those it should. And the pious sanctimonious claims of DQ were manifestly false as his responses to posts on HFS attest. I will do my little piece on the nutty french regressive tax system and why I think it risks France going down the pan later. That frankly is my biggest worry about relocating - if it all goes tits up for France, and I am stuck there as a resident. They are in a cleft stick, because whilst they can strangle entrepreneurialism in the country, they have open trade borders with lower tax states like the UK (and most of the rest of the EU), so any business with a choice locates outside France and sells into it. It's not healthy to have a welfare state and taxation system that encourages EU citizens to earn wealth in EU states outside France, and return to France "pour la retraite" to enjoy the benefits of its largesse when they retire and no longer contribute to the economy One more silly example. The man from Calais on the pitch next to us in the South of France, had a touring caravan, a small luggage trailer, and a 90HP RIB on a boat trailer. All 3 trailers had different number plates. The boat was a Belgian registration. He tows the luggage trailer back and forth for his holiday, and leaves the caravan and boat in a storage facility near the camp site. Why the Belgian registration for the boat? Last year, the French introduced an E800 pa tax on jet-ski's in excess of a certain horsepower. He fears they will do the same with power boats and so has registered in Belgium, where there is no tax. As most Jet-ski owners do. This is France's problem - unlike the main Marxist states of the past, like 20th century soviet russia, or communist china, the french not only cannot force its citizens to stay and suffer, they cannot control their borders for trade with low-tax regimes in the EU And so when Ford builds a new plant in the EU it does it in Spain or Belgium. When IBM locate a factory they do it in Livingstone. The French are left with state industries and traditional french privatisations like Elf, Rhone-Poulenc and the like - who invest overseas. With no entrepreneurial encouragement, they rely on state employment through local bureacracies to reduce unemployment, which in turn adds to the state expenditure and need for taxation. It is a viscious circle of decline.
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Post by Deleted on Aug 30, 2014 14:56:43 GMT
Pinkie you also should take into account the possibility of UK leaving the EU. If there is a referendum there is an increasing certainty that vote will be to leave. People have had it with the immigrants but rightly blame the politicians rather than go out pole bashing. I keep hearing people passing my house speaking in polish or some other east european language. Even had some knock on my door looking for polish speakers. We are now heading for some problems ourselves with an expanding economy (statistically at least) with stagnant wages and falling disposable income. I suspect cheap EU labour is partly to blame. You can see the results beginning to take effect with more people using discount supermarkets. Spending money on high speed trains isn't the answer and most growth is in London were you have to earn a big salary just to meet basic living costs. The whole situation is unsustainable and leaving the EU could be part of the answer. Another problem is employers have become accustomed to low productivity for low pay and I suspect most companies are overmanned. This means pay will not go up for ages unless output jumps. Otherwise pay will be forced up due to inflationary pressure and unemployment will jump. The only consolation I see is apart from Germany we appear to be in a good place compared with the rest of Europe. As you have found the culture in France is at odds with us and Germany. People obviously are not happy there as they voted for the extreme right in the EU elections. My advice is if you want a bit of sun reserve it for your holidays. Frankly it was hot and humid enough here a few weeks ago and I am enjoying the current cool spell .
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Post by pinkie on Aug 31, 2014 10:07:41 GMT
Thanks Paul I've had that thought too. We are certainly taking a break to take stock - the loss of the property we wanted and the mortality reminder have stopped us in our tracks. However, beyond sunshine and french wine, I think there was an element of adventure. We are both previously divorced, last child is 18 and off to Uni -this was the big "liberation" and adventure. But it had always been a dream for "when we can afford it" and discussions with French businessmen and others, and the setbacks, have caused us to defer for now. And when we do get round to wanting to move again we will take account of the UK-EU situation as well as tax and pensions. At the moment the EU looks likely to become Western Ukraine - part of Adolf Putins empire for protection of Russisn speakers in adjacent territories. There were at least 2 Russians round the pool this holiday - presumably 5th columnists. The world isn't looking a safe place right now anywhere! If the UK leave the EU the major direct consequence for me personally in France would be the loss of reciprical health care agreements. I need to understand it properly, but since Sue is likely to be employed in France paying French NI, and I would have a small self-employed business there doing likewise, we should be covered as French resident taxpayers for health care, and I assume that subsequently retiring would leave us entitlted to the same benefits as any other resident in retirement who has been contributing social security contributions. I can't see the UK declaring war when we leave Europe - we would have some sort of peripheral trade only relationship like Switzerland or the Scandanavian countries. But for now - back to tax return season, sorting out some planning issues on our house, and we will revisit the French adventure in February
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Post by MikeMusic on Aug 31, 2014 10:22:31 GMT
Remember France is 'a different country' I found some absolutely wonderful and others in need of kicking off a cliff - perhaps like the English ! I know people very happy there (some on this very emporium) and some who went (permanently they thought) and came back. One of my mates went to Spain as he disliked France and the French and last time I heard was very happy there Is there a mid way where you can try it out for a few months ?
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Post by pinkie on Aug 31, 2014 16:49:58 GMT
Yup It's different. Maddening xenophobic bureacracy, but a nice pace of life, and great weather. I speak fluent french, have worked their twice briefly, and this project has been rumbling pretty much since Sue and I met 7 years ago, and in a way was unfinished business for both of us. I just take the view that we have further added to our knowledge, and the chances of success eventually are accordingly increased. We may well now try to buy with a French mortgage and holiday there (in "our house") extensively before moving, instead of waiting to sell up in the UK and move in one step. This is going to make the move a lot easier, and will give us a bit of a chance to "check it out" before finally committing. We could take up to 12 weeks a year holiday there at the extreme, with Sue's job. But we'll review in the new year, once the tax returns are all in, and there is a decent chance that both of our planning "unknowns" may have reached a conclusion "Say Lavvy" I believe is the expression - or so Kenny Everett taught
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Post by Deleted on Aug 31, 2014 17:37:18 GMT
We may well now try to buy with a French mortgage and holiday there (in "our house") extensively before moving, instead of waiting to sell up in the UK and move in one step. This is going to make the move a lot easier, and will give us a bit of a chance to "check it out" before finally committing. Thats what we did at first. We took two or three weeks every March and October and worked on the house here. We rather expected that it would continue until I retired but the crap in the UK and the sort of life out here finally got to us. I was offered loads of work doing antique furniture repairs and the rest as they say, is history. This is also why the house is still unfinished Never regretted it for a minute but I understand the problems.
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Post by MikeMusic on Sept 1, 2014 7:31:02 GMT
Toe in the water and gradual change seems the perfect way to me.
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Post by danielquinn on Sept 1, 2014 8:21:28 GMT
Twas as i originally suggested middle age ,middle class man with existentialist angst and mortality moans , criticises a democratically elected government in a foreign country cause they wont pander to his selfish desires . Di dums . P.s - only an idiot or a very rich man uses a lawyer to get divorced pps - i am also confused as to you choosing your version of suppers ready , to my knowledge there is only one live version and that would be on 1997 seconds out , i am left wondering, what other live versions you allude to in your post , are their hidden live gems I do not know about ? There is a bootleg knebworth reunion version but on vinyl that is so poor it is unlistenable and would of course have collins on drums , as it been remastered ?
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