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Re: Offensive behaviour

Subject: Re: Offensive behaviour
From: Jim Quaife
Date: Dec 20 2001 18:01:24
Bill,
Charles' book is due out in April at £75 (mind you it was supposed to be out this November).
On the case in question, as there is so little case precedent in terms of High Court rulings, each situation is its own bare knuckle fight.
Whatever the action that may have occurred, pay heed to the endgame - what "damage" has actually occurred? and is there a quantum?
Ultimately, if the "damage" is amenity only, and there is no TPO, then beating one's chest could be the only outcome.
If the "damage" gives rise to permanent physiological detriment or death or a consequential increase in hazard, actual or potential, there is no definitive precedent.  On this basis, as we are all waiting, they could have a go!!!
The alternative is to deny the wigs and gowns their fun and income and wait for the big one.
Jim Quaife

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