FTT
8 August 2007
Our ref: xxxx
Your ref: xxx
Dear …
Babette Cole –v – Picturehouse (Dorchester) Limited
I enclose prints from two pages of your client’s website (www.babett-cole. com/the_great_artwork_scandal.html and www.babette-cole.com/) and a page from her new ‘blog (greatartworkscandal.blogspot.com).
The contents of those web-pages are defamatory of my client. The defamatory meaning being that a) our client has stolen the pictures, b) has lied to cover its tracks by denying receipt of the pictures and c) has acted scandalously.
Whilst I accept that your client might be able to justify a meaning that our client has lost the pictures (although I do not believe your client can in fact succeed in that endeavour) there is clearly no prospect that your client could justify a “theft” meaning or that my client has denied receipt of the pictures when, as your client should well know, our client has never denied receipt (although has not admitted receipt either) and the suggestion that my client has been acting scandalously is similarly totally unjustifiable.
For your client to have to resort to these tactics says much about the problems she has with her case.
I require your client to take down these defamatory web pages within 24 hours or I will advise my client to send a letter before claim under the defamation pre–action protocol and then issue proceedings.
I also note that your client set up the ‘blog on 31 July 2007 (and presumably the other web-pages). I note that on 27 July 2007 you said that she had pleurisy. I find it surprising that someone with pleurisy could be able to set up a ‘blog and deal with the web pages. Your client can expect little sympathy from my client in the future if she claims to be ill.
Of course it may well be that I and my client have got the wrong end of the stick and your client has at last realised that she has no idea whether she entrusted the pictures to my client and the real purpose of the ‘blog and web-pages is to publicise the reward in the hope that someone will be able to locate the pictures that your client has lost. If that be the case then I look forward to receiving Notice of Discontinuance.
Yours sincerely
Owen Williams
Solicitor Advocate
Clarke Willmott
0117 916 9563 direct fax 0117 917 5594
OWilliams@clarkewillmott.com
From Babette’s office:
"Babette is not accusing anyone of stealing her missing pictures. She is simply offering a reward to anyone who finds them."
