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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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My partner and i run a tea shop in a small village we have

Customer Question

My partner and i run a tea shop in a small village we have just received a local magazine which claims the only other tea shop in the village make the best home made scones for miles. I bake home made scones every day and the person who wrote the article lives in our village and has not had one of our scones. In yhe surrounding area there are dozens of establishments that serve home made scones and cream teas, i doubt that this person in question has tried all of these. Is there anything we can do about this as this will affect our business.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts :

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.

Alex Watts :

Have you contacted the author to see if they tried yours or others?

Alex Watts :

What is the circulation of the article please?

Customer:

the author has not tried our scones.

Customer:

circulation not sure but suspect into thousands

Alex Watts :

Ok. The only problem with written articles is that they are always subjective.

Alex Watts :

It is like someone saying with a burger it is the best in the world

Alex Watts :

But until they have actually tried every burger in the world then can they really justify that?

Alex Watts :

Also if someone considers X to be the best burger and someone else considers Y, why do you do then?

Alex Watts :

Your options are limited

Alex Watts :

I would write to the author, invite them down and try your scones and see if they will do a review

Alex Watts :

You can't really take the matter to Court sadly as the candle wont be worth the wick

Alex Watts :

But being pragmatic and commercial I would invite the author down for a free review

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

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

Alex Watts :

But if they had said the shop was dirty when it was not that would be different

Alex Watts :

What they are saying is subjective, that they consider the other shop makes the best home made scones for miles

Alex Watts :

It is subjective and that is a defence if you tried to sue

Alex Watts :

If you did try and sue it would need to be in the High Court in front of a jury

Alex Watts :

These are specialist proceedings and the fees to get to trial would be in excess of £15,000

Alex Watts :

If you lose then you would liable for the costs of the other side and you will not get legal aid.

Alex Watts :

Therefore if you have £30,000 potentially to burn in front of a High Court Judge you could consider proceedings.

Alex Watts :

But I would take a sensible low cost approach and invite the author to attend, try the scones and do a free review

Customer:

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

Alex Watts :

But you do not know that for sure. It is possible.

Alex Watts :

But you have the options suggested abive:

Alex Watts :

1) Ask them to come in and review yours

Alex Watts :

2) Take it to COurt

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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