Hugo Montgomery Swan and his solicitors

John Kennett · 05 March 2005, 11:40

A few weeks ago a contributor to the RIBnet forums posted a message saying that Hugo Montgomery Swan had reneged on an agreement to pay for an article to be used in RIB International Magazine. A lengthy discussion followed.

I have recently been contacted by DF&M Beckman, solicitors representing Hugo Montgomery Swan, who assure me that the claims made were not in fact correct. If you are interested you can read their letter below.

Without prejudice, as a gesture of goodwill, I have now removed the offending statement.

As a general note I would like to point out that everyone has a right to reply on these forums if they feel that they have been misrepresented. Also that before going to the expense of instructing a solicitor, a polite email might be an easier way to get what you want!

John

Dirk Diggler · 05 March 2005, 12:15

Oh dear, that's all got a little out of hand hasn't it!

Out of interest JK, how much in your opinion would be "reasonable legal costs and a sum by way of compensation"

jwalker · 05 March 2005, 12:38

In the last issue of RI an article was published, apparently written by Paul Lemmer, where a description of how a lower unit changes gear was entirely incorrect. I wonder whether anyone who uses this information believing it to be correct and subsequntly causes damage to their engine or even simply just believes something to be true which isn't, will instruct their solicitor to contact RI requesting similar action as they are requiring of you.

After all, this is a public forum but they, presumably, have full control of their magazine's content.

Perhaps I should send them a polite e-mail to inform them of their error.

Dirk Diggler · 05 March 2005, 12:44

Quote:

Originally Posted by jwalker

Perhaps I should send them a polite e-mail to inform them of their error.

Perhaps you should be instructing solicitors, I can recommend DF&M Beckman!!!!!

John Kennett · 05 March 2005, 13:01

Quote:

Originally Posted by Dirk Diggler

Out of interest JK, how much in your opinion would be "reasonable legal costs and a sum by way of compensation"

Approximately nothing and zero respectively . . .

John

prairie tuber · 05 March 2005, 13:45

Quote:

Originally Posted by John Kennett

Also that before going to the expensive lengths of instructing a solicitor, a polite email might be an easier way to get what you want!

John

No doubt. It speaks volumes of an individuals' character when they go running to their lawyers even before attempting to communicate directly with the individual they have a dispute with.

Bittentobuggery · 05 March 2005, 14:12

Read the solicitor's letter and it begs the question "Why didn't HMS make public the terms of the agreement between RI and Fjord Rafting and then people would come to their own conclusions.

He simply needed to state his own position with his interpretation of the facts and then say that he was not prepared to enter into any further public discussion.

The heavy handed action that he has taken might make some conclude an entirely different outcome.

Now, when's my subscription up for renewal......

Nick Hearne · 05 March 2005, 15:01

I think we should all email HMS & tell him what we all think about his handling of this situation!
May be he is as jumped up as his magazine portrays!
Nick

Now I just wait for a letter from his solicitor!

Simon B · 05 March 2005, 17:53

....mental note to self; "Add link to lengthy disclaimer denying all intent to offend, slander (well you never know someone might download a .wav of mine) or libelise.

Meanwhile back at the ranch, have you seen some of our fellow members posts alluding to all sorts of stuff mainly bulging waistlines etc. DF & M Beckman wont be able to write the letters fast enough!

Also Dirk Diggler, be careful some of your "spoiled women" dont return alleging that you may not have spoiled them enough!!

JW read the small print in the front of Rib int. I'd not noticed till now it basically says if do some of the stuff in here and it doesnt work its not our fault.. you've got to laugh!

jwalker · 05 March 2005, 18:40

Quote:

Originally Posted by Simon B

JW read the small print in the front of Rib int. I'd not noticed till now it basically says if do some of the stuff in here and it doesnt work its not our fault.. you've got to laugh!

No, I've not noticed that bit. There's usually a copout clause somewhere.

There you go, JK, a copout clause is wot u need....

'If you read summat in Ribnet you don't agree wiv, it's not my fault.'

Or, as we say up here, "It wuzznae me."

JK, can we have the Boatmad Hugegrin smilie please.

DJL · 05 March 2005, 19:10

What an idiot.

I should have served HMS with a similar letter when he published incorrect information about my activities a few years back..

Shame I just renewed my subscription..

Soupy · 05 March 2005, 19:15

Recently subscribed to RI out of interest and received 1st copy (current). Was delighted to find one of the main articles was 'Cruising Glenelg' as I originate from that area and grew up on the sea round and about whilst working with my father. The article rightly highlighted what a beautiful area it is for all sorts of boating or any other outdoor activities. The area is called Knoydart (= the rough bounds).

Anyway, in the article HMS visits Loch Hourn and Loch Nevis which are neighbours but totally different - Hourn = hell and Nevis = heaven (it is). He has lunch in Loch Hourn in the Old Forge Pub, in Inverie, which is in Argyle. The following day he visits Loch Nevis to drop of hill walkers to tackle one of the Munros (hills over 3000 ft) there.

Slight nav. problem is apparent. Inverie is a very small village in Loch Nevis with the Old Forge probably being its most famous attraction these days (the Munros are throughout Knoydart) as its reputably the most remote pub in the UK (can relate to some memorable sessions and hangovers!). Inverie is not in Argyle but Inverness-shire and some 80 miles north of the Argyle border. I will not bother going into some of the spelling mistakes in place names.

Begs a few questions apart from navigation, e.g. accuracy and overall journalistic ability?

qcamel · 05 March 2005, 19:16

Why oh why do people think that serving legal letters is a clever way to solve an issue? I have found that non confrontational conversation usually does the trick.

Subrcription cancelled, especially as it seems my cash is spent on trash like that...

Ollie

TIM · 05 March 2005, 19:30

Having Chatted to H** at the Round Ireland RIB Raid ,and RIBEX ,I found that he was a nice Guy , no matter what I have read on these forms and listened to, over a pint or 10.......... none of it sway me .... But running to a solicitor , over a comment that someone else posted , takes the complete P**S....... What a sissy....

I have no Doubt in my mind that this is the actions of a class A W****R

Rogue Wave · 05 March 2005, 19:44

Oh well I guess I got nuttin to worry about!

I like the e mail idea even better would be recorded delivery letters as well cos they have to be signed for and it takes time.

I have to say however if you are gonna get a bunch of solicitors on the case they may as well be Rotweilers. These boys are definitely not shy but at least they didn't ask that hugo has rights to your firstborne

What do you call 10.000 lawyers chained together at the bottom of the Ocean?

tcwozere · 05 March 2005, 19:53

Quote:

Originally Posted by jwalker

There you go, JK, a copout clause is wot u need....

'If you read summat in Ribnet you don't agree wiv, it's not my fault.'

Or, as we say up here, "It wuzznae me."

JK, can we have the Boatmad Hugegrin smilie please.

There is one, we all agreed to it when joining...

All messages express the views of the author, and neither the owners of RIBnet Forums, nor Jelsoft Enterprises Ltd. (developers of vBulletin) will be held responsible for the content of any message.

Makes the board owner virtually bomb-proof.. All anyone can do, is ask for an offending article to be removed.. If it is, then the above mentioned board-owner has covered their butt...

I wonder if HMS was charged per word for the letter..

'cos it doesn't half contain a right load of waffle..

Brambles · 05 March 2005, 20:47

Quote:

Originally Posted by Rogue Wave

What do you call 10.000 lawyers chained together at the bottom of the Ocean?

A start?

prairie tuber · 05 March 2005, 21:20

Why should lawyers be buried 12 feet deep?

Because really deep down... they're good people!

Alan · 05 March 2005, 21:27

I'dv thought a polite phone call to JK, a posting in response/defence or turning the other cheek would have been the sensible course of action. Litigation, or even the threat of it, makes no-one rich except Lawyers!

It proves a point that I've thought for sometime which explains HMS's attitude to money and to rib.net in particular. Ready for this? Ok, I'll explain....HMS has been part of the the RIB scene since the earlyish days. Not the begginning but he has been around. Now what you jolly rib.netters fail to appreciate is that Hugo Montgomery-Swan owns the UK Franchise for Ribbing. He bought it from the deity of your choice back in the early days. If you want to do anything Rib related then you he has right to charge you for the privilege

. Its only by the goodness of the mans heart that he doesn't charge you to go out in your boat

! So you should read RI, send in articles and photos and not expect payment (but do expect a bill), pay extorniate fees to attend any RIB International organised event (say gbp100 for a trip to the scillies, and bundle more to be a support boat for his RB4 gig) and absolutely positively never use this upstart RIB forum run by a chap who doesn't own the UK RIB franchise!!!

Actually, thinking about Fjordrafting who started this all off, mebbe HMS owns the global RIBbing franchise? Do you think it covers Canada?

BTW, JK, where's the published apology and have you suspended Fjordrafting's account?

Stephen-RIB · 05 March 2005, 22:27

I think HMS response was a huge over kill, but I also think that the subject line of the original post was asking for it, I am surprised its taken this long for him to react. If it was me and say I was not guilty of the accusation I would be pissed off as mud does stick but sending a letter in like that without any other comms is very bad form in my opinion.