Hello my name is ***** ***** I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
Have you contacted the author to see if they tried yours or others?
What is the circulation of the article please?
the author has not tried our scones.
circulation not sure but suspect into thousands
Ok. The only problem with written articles is that they are always subjective.
It is like someone saying with a burger it is the best in the world
But until they have actually tried every burger in the world then can they really justify that?
Also if someone considers X to be the best burger and someone else considers Y, why do you do then?
Your options are limited
I would write to the author, invite them down and try your scones and see if they will do a review
You can't really take the matter to Court sadly as the candle wont be worth the wick
But being pragmatic and commercial I would invite the author down for a free review
Can I clarify anything for you about this today please?
the burger issue is a valid point but we are in a small village with two tea shops and this statement by the author will lose us business
But if they had said the shop was dirty when it was not that would be different
What they are saying is subjective, that they consider the other shop makes the best home made scones for miles
It is subjective and that is a defence if you tried to sue
If you did try and sue it would need to be in the High Court in front of a jury
These are specialist proceedings and the fees to get to trial would be in excess of £15,000
If you lose then you would liable for the costs of the other side and you will not get legal aid.
Therefore if you have £30,000 potentially to burn in front of a High Court Judge you could consider proceedings.
But I would take a sensible low cost approach and invite the author to attend, try the scones and do a free review
the point i am trying to make is when people read this article they are going to assume the other tea shop has the the better scones and go to them rather than us
But you do not know that for sure. It is possible.
But you have the options suggested abive:
1) Ask them to come in and review yours
2) Take it to COurt