"Reasonable costs"

T

toxicavenger

Guest
First the background:-

Earlier this year I changed jobs. After I left, I was contacted online a few times by employees of my old company asking me for help on technical matters. I provided this help freely.

During one conversation to an emplyee I let slip something the MD of my old company had said about him. It was very derogatory (a common this with this MD). Unfortunately the MD got to find out I had done this.

A few weeks later I received a very threatening letter from the Company's solicitor. The basics of this letter were as follows:-

1. I had obtained condfidential information by unauthorised use of a password (this is actually not true) and therefore committed an offence according to the computer misuse act.

2. My knowledge of the MD's comment had placed a "duty of charge" on me which I had breached by telling the employee in question. Therefore I was accused of "seeking to predjudice the relationship of the Company with its employees".

According to the letter the Company had a right to take civil action against me for aggravated damages "due to the deliberate nature" of my action.

Basically the letter required my to undertake to destroy all information (including electronic) relating to the company and take out a Statutory Oath to the effect that I had done this, and also that I would not contact employees of the company.

At this point I should point out that the MD of this company is a very very nasty peice of work and I do not have the resources to go up against him in a court of law (he is a millionaire).

So I did everything that was asked but also pointed out that I was doing this as an act of goodwill and not in admission of any blame.

I have now been told by the Solicitors that they have been advised by the MD not to take the action any further, but they require me to pay their clients "reasonable" legal costs.

This is a staggering £1600 + VAT. This cost consists of 5 1/2 hours of one Solicitor at £250 per hour, and 53 minutes of a 2nd Solicitor at £325 per hour.

The letter itself was a 2 page letter constructed as follows:-

Brief description of the events.
Standard citation of the computer misuse act.
Citation of "duty of care" situation and threat of civil action.
Paragraph outlining the requirement of the client (i.e. they want a Statutory Oath from me).

My question is: Can this figure possibly be "reasonable"? What can have taken 5 1/2 hours of a £250 per hour solicitor to construct such a straightforward letter?

I simply can't pay this amount and any advise as to whether this is "reasonable" or not would be very much appreciated.
 
Tell them to take a hike!

You didn't engage them to do any work for you - you are not obliged to pay them. Sounds to me like they are chancing their arm.
 
I would do but the letter was written in such a way that by agreeing to undertake their requirements I have (inadvertantly) undertaken to pay their clients "reasonable legal costs". Ny agreeing to undertake this am I bound to pay?
 
you need legal advice my man. ring a solicitor.

you need advice in particular as to whether you need to see this as not a debate over the "reasonableness" or otherwise of the costs, but rather whether you actually have any liability for those costs at all.

I would rest (somewhat) easy as to whether you could have "inadvertently" become responsible for the other side's costs.

full facts would be required by your own solicitor, but I would imagine that hike/flying leap option might be recommended (and you can take it that 5 hours shouldn't be required for that)
 
The MD is bullying you, and using his solicitors to help him. Ring the solicitor and tell him you'll be calling Joe Duffy or Shane Ross or Eddie Hobbs or whoever if you hear from them again.
 
I think you should have come here first, before writing or signing anything to this ex employer's solicitor.
Take legal advice and depending on your solicitors opinion of where you stand in the law in this matter, you could instruct your solicitor to write something along these lines offered below -

====================

"My client will not be discharging your fees or pandering to your clients attempt at further intimidation.

I note you do not claim my client's utterance was false or misleading preferring to clothe your vendetta against him in phrases taken from other branches of the law.

By representing my client's truthful comments about what your client said about a valued and trusted employee as a breach of another act, you appear to be seeking to undermine their veracity and intimidate and possibly defame my client, who takes pride in his professional competence.

On reflection I'm sure you will agree that my client in reporting this matter truthfully to the person concerned and no other person was not seeking to cause a widespread undermining of your clients name or standing but was giving said employee information relevant to his career and prospects in your client's organization.

If your client chooses to harass persons who truthfully report his words about valued employees what sort of corporate governance is your client seeking to foster?
If you and your client do not withdraw your comments and apologize to my client within two weeks, or ten working days I will refer this matter to the [broken link removed].

I'm sure your client will want to explain to them how he has supported his loyal employees dignity in the workplace by speaking about him in the manner, as reported, to a third party (my client).
I am equally certain that he will wish to disclose how his pursuit of a former employee with this petty vendetta accords with the principles of best practice company management.
I enclose a fee note in respect of advices which my client has received from me in relation to this matter and would be obliged if you could discharge same by return."
====================


Enclose an invoice for a suitable amount with a compliment slip.
Hope this helps. It certainly put a smile on my face writing it.

:D

ONQ.

All advice on AAM is remote from the situation and cannot be relied upon as a defence or support - in and of itself - should legal action be taken.
Competent professionals should be asked to inspect and advise in Real Life with rights to inspect and issue reports on the matters at hand.
 
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