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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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Blackmail? In our case we agreed to transfer a school building

Resolved Question:

Blackmail? In our case we agreed to transfer a school building for use as a new school free,but when we discovered that the proprietor had secretly applied for consent to demolish it we pulled out. The proprietor then warned us,and this he cant deny as it is on tape, that if we did not let him have the school,he would make sure that we never evr got any planning consent to develop in the future. He claimed he had friends in the local government who would guarantee this action. We then applied for consent and at the council meeting the local mayor got up and said that the application must be refused because we had not given the school away,but was quickly overruled by the chairman.
Then on the appeal last week the proprietor turned up with a written speech telling the inspector that he should not give consent because we failed to give him the school.
Can we bring a private prosecution for blackmail? David Hensher
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is ***** ***** I will try to help with this.

What is the blakcmail please?

Has anybody explained to you what blackmail involves?
Customer: replied 2 years ago.

Blackmail is surely when the perpetrator threatens the victim that if the victim does not accede to his wishes then he will do his best to wreck some form of punishment upon his victim. I our case it was to make sure we could not develop our land unless we gave his proposed school the land.

Expert:  Jo C. replied 2 years ago.
No. Absolutely not.

Blackmail is when there is an unwarranted demand with menaces. I'm not sure what the menace is here? Bearing in mind that test cases have included things like attending at a family home with wives and children and starting up electric chainsaws as a means of debt collection. Another leading case involves threatening to put intimate photographs upon the internet.

If its just that he has said he will try to stop you getting plannig consent then I'm afraid I cannot agree that amounts to a menace.

I understand this is an unpleasant incident but its not blackmail.

You can bring a private prosecution against him of course. It will be expensive though and CPS will just take it over and drop it as there is no case. Even if they did, he would get out at half time I'm afraid.

I'm very sorry but I have to give you truthful information.

Can I clarify anything for you?

Jo
Jo C., Barrister
Category: Law
Satisfied Customers: 69542
Experience: Over 5 years in practice
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