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View Poll Results: How did you vote? (anonymous)

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  • Change UK

    0 0%
  • Conservatives

    2 2.02%
  • Greens

    18 18.18%
  • Independent

    0 0%
  • Labour

    3 3.03%
  • Liberal Democrats

    7 7.07%
  • SNP

    60 60.61%
  • The Brexit Party

    9 9.09%
  • UKIP

    0 0%
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  1. #751
    @hibs.net private member Ozyhibby's Avatar
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    Quote Originally Posted by Fife-Hibee View Post
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    My prediction.

    Noon passes.... there's no apology. Nothing happens to your disappointment.
    That’s exactly how this will pan out. No way can Farage take him to court because he would need to open up his funding to public scrutiny.


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  3. #752
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    Quote Originally Posted by Ozyhibby View Post
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    That’s exactly how this will pan out. No way can Farage take him to court because he would need to open up his funding to public scrutiny.


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    That's not how it works. In libel cases the onus is on Alyn Smith to prove his claims, not the other way round. If he has no proof or evidence he is by nature just making it up.

    But for about the 100th time if he produces this proof or evidence then it's all settled and he can quite rightly tell the Brexit party where to go, pass the evidence to the police and they will be prosecuted. Actually if he does have evidence why has he not passed it to the police already? 😂

  4. #753
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    Quote Originally Posted by James310 View Post
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    That's not how it works. In libel cases the onus is on Alyn Smith to prove his claims, not the other way round. If he has no proof or evidence he is by nature just making it up.

    But for about the 100th time if he produces this proof or evidence then it's all settled and he can quite rightly tell the Brexit party where to go.
    That is incorrect. If Alyn Smith took the Brexit Party to court, then the burden of proof would be on Alyn Smith to back up his claims. But seeing as it's the Brexit Party threatening to take Alyn Smith to court on libel charges, then the burden of proof would be on them to prove that Alyn Smith is lying. Which would include presenting the books.

  5. #754
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    Quote Originally Posted by Fife-Hibee View Post
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    That is incorrect. If Alyn Smith took the Brexit Party to court, then the burden of proof would be on Alyn Smith to back up his claims. But seeing as it's the Brexit Party threatening to take Alyn Smith to court on libel charges, then the burden of proof would be on them to prove that Alyn Smith is lying. Which would include presenting the books.
    I am no lawyer but..

    "English defamation law puts the burden of proving the truth of allegedly defamatory statements on the defendant, rather than the plaintiff, and has been considered an impediment to free speech in much of the developed world"

    If the Brexit Party Chairman took Alyn Smith to court is Alyn Smith not the defendant, as he is defending the case against him?

    I may be wrong?

  6. #755
    @hibs.net private member Hibbyradge's Avatar
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  7. #756
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    Quote Originally Posted by Hibbyradge View Post
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    It's so lovely to be arrogant and superior, isn't it.

    Especially when you're completely wrong.

    "The onus of proof is on the person bringing the action to prove what is ordinarily assumed in an action of defamation"

    "In all cases of defamation, the onus of proof should be upon the plaintiff to establish that the words complained of were untrue."
    No need to be a d**k about it.

    Do you still think you are right?

    https://en.m.wikipedia.org/wiki/English_defamation_law


    Edit: I see you deleted your post. Maybe an apology would be in order?

  8. #757
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    Quote Originally Posted by James310 View Post
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    I am no lawyer but..

    "English defamation law puts the burden of proving the truth of allegedly defamatory statements on the defendant, rather than the plaintiff, and has been considered an impediment to free speech in much of the developed world"

    If the Brexit Party Chairman took Alyn Smith to court is Alyn Smith not the defendant, as he is defending the case against him?

    I may be wrong?
    They don't have a case against him, unless they can prove that he is lying. That's my point.

  9. #758
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    Quote Originally Posted by James310 View Post
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    No need to be a d**k about it.

    Do you still think you are right?

    https://en.m.wikipedia.org/wiki/English_defamation_law


    Edit: I see you deleted your post. Maybe an apology would be in order?
    Why would it be settled in an English court of law?

  10. #759
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    Quote Originally Posted by Fife-Hibee View Post
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    Why would it be settled in an English court of law?
    Because the Brexit chairman is based in England. The letter states proceedings will begin at the High Court if he does not apologise.

  11. #760
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    Quote Originally Posted by James310 View Post
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    Because the Brexit chairman is based in England. The letter states proceedings will begin at the High Court if he does not apologise.
    What the letter states is irrelevant. The letter itself is not legally binding. The case has not currently been put forward to any high court and even if it was put forward to an English high court, Smith wouldn't be obliged to attend that hearing as he isn't within the jurisdiction of the courts powers.

  12. #761
    @hibs.net private member Hibbyradge's Avatar
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    Quote Originally Posted by James310 View Post
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    No need to be a d**k about it.

    Do you still think you are right?

    https://en.m.wikipedia.org/wiki/English_defamation_law


    Edit: I see you deleted your post. Maybe an apology would be in order?
    I realised that the tone of my reply was unnecessary so I deleted it.

    If the defendant uses the defence of "Truth", which I imagine he would, then it will be tested in court

    The court will require sight of the evidence which will include financial documents.
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  13. #762
    Since Smith made the statement in question in Edinburgh, does English defamation law apply?

  14. #763
    @hibs.net private member Moulin Yarns's Avatar
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    Quote Originally Posted by JeMeSouviens View Post
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    No legal action started against Alyn Smith. It’s been threatened. Let’s see if it actually happens before getting too excited, eh?

    Good* to see we’ve got a Brexit party spokesman on board now.





    * not
    And Rumpole of the Bailey rolled into one.

    PS I believe the accusation against Alyn Smith is defamation and not libel, but what do I know 😉
    There is no such thing as too much yarn, just not enough time.

  15. #764
    @hibs.net private member Moulin Yarns's Avatar
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    Quote Originally Posted by James310 View Post
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    I am no lawyer but..

    "English defamation law puts the burden of proving the truth of allegedly defamatory statements on the defendant, rather than the plaintiff, and has been considered an impediment to free speech in much of the developed world"

    If the Brexit Party Chairman took Alyn Smith to court is Alyn Smith not the defendant, as he is defending the case against him?

    I may be wrong?
    When did you change the accusation from libel to defamation? You don't half confuse yourself at times 😉🤔
    There is no such thing as too much yarn, just not enough time.

  16. #765
    Quote Originally Posted by Moulin Yarns View Post
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    And Rumpole of the Bailey rolled into one.

    PS I believe the accusation against Alyn Smith is defamation and not libel, but what do I know 😉
    Aiui, which is not much admittedly, libel is written or recorded defamation, slander is a spoken defamation transmitted by word of mouth.

    Otoh, I do fully understand that you’d have to be pretty desperate to be excitedly trumpeting Brexit party (yeuch) stuff because you’re wetting yourself at the thought it might harm the SNP. Ho hum.

  17. #766
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    Quote Originally Posted by JeMeSouviens View Post
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    Aiui, which is not much admittedly, libel is written or recorded defamation, slander is a spoken defamation transmitted by word of mouth.

    Otoh, I do fully understand that you’d have to be pretty desperate to be excitedly trumpeting Brexit party (yeuch) stuff because you’re wetting yourself at the thought it might harm the SNP. Ho hum.
    Maybe Soapy and his star pupil Sturge should be up in court for slander the charge being that telling the Scottish public the unambiguous vote for Scotland to remain within the UK just a few years back would be accepted and binding for a generation or more was an outright porky. The nats are comedy gold.

  18. #767
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    Quote Originally Posted by Moulin Yarns View Post
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    When did you change the accusation from libel to defamation? You don't half confuse yourself at times 😉🤔
    Not as confused as you in terms of what party you support. Saw a few posts from you praising the SNP, yet funnily enough none about the Greens, you know the party you claim to be a member of.

  19. #768
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    Quote Originally Posted by James310 View Post
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    Not as confused as you in terms of what party you support. Saw a few posts from you praising the SNP, yet funnily enough none about the Greens, you know the party you claim to be a member of.
    Coming from a supposed remainer who is desperate to see the Brexit Party gain some kind of petty victory over the SNP, because they can't touch them politically in Scotland.

  20. #769
    @hibs.net private member Bristolhibby's Avatar
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    Quote Originally Posted by Tornadoes70 View Post
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    Maybe Soapy and his star pupil Sturge should be up in court for slander the charge being that telling the Scottish public the unambiguous vote for Scotland to remain within the UK just a few years back would be accepted and binding for a generation or more was an outright porky. The nats are comedy gold.
    Brexit and Scotland not wanting it runs a coach and horses through that flimsy argument.

    No Brexit and we probably wouldn’t be having these conversations.

    J

  21. #770
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    Quote Originally Posted by Fife-Hibee View Post
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    Coming from a supposed remainer who is desperate to see the Brexit Party gain some kind of petty victory over the SNP, because they can't touch them politically in Scotland.
    Not at all. Just like to see the rules being applied fairly across all parties and politicians. If you are going to make accusations like Alyn Smith did on national TV, you better have evidence to back it up. Nobody likes politcians who make stuff up.

    It's another example of the double standards on here. Boris Johnston going to court for lying is greeted as wonderful news, yet a SNP politician who has been accused of the same thing is hard done by and he should not seemingly have to back up what he said with any kind of evidence.

    hypocrisy.net
    Last edited by James310; 30-05-2019 at 06:18 AM.

  22. #771
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    Quote Originally Posted by Tornadoes70 View Post
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    Maybe Soapy and his star pupil Sturge should be up in court for slander the charge being that telling the Scottish public the unambiguous vote for Scotland to remain within the UK just a few years back would be accepted and binding for a generation or more was an outright porky. The nats are comedy gold.
    "In my opinion, and it is just my opinion, this is a once in a generation opportunity for Scotland."



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  23. #772
    @hibs.net private member Callum_62's Avatar
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    Quote Originally Posted by James310 View Post
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    Not as confused as you in terms of what party you support. Saw a few posts from you praising the SNP, yet funnily enough none about the Greens, you know the party you claim to be a member of.
    This is precisely what is wrong with UK politics.

    Attitudes like yours that are so closed minded that no matter what a party says or does, if its the "wrong" party no praise or agreement can be given


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  24. #773
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    Quote Originally Posted by Callum_62 View Post
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    This is precisely what is wrong with UK politics.

    Attitudes like yours that are so closed minded that no matter what a party says or does, if its the "wrong" party no praise or agreement can be given


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    What you on about?

    Generally if you support a party you might know what their policies are, make the odd comment about how they are doing, especially on a thread about the EU elections. I see none of that.

    Do you see lots of people on here full of praise for the Tories? What's so different. I am sure many on here hate the Tories as its the 'wrong' party more than they want independence. You just confirmed my hypocrisy point, critisism for someone who does not like the SNP, but ignore the Tory and Labour haters as they are OK in your book.

    hypocrisy.net

  25. #774
    @hibs.net private member Callum_62's Avatar
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    Quote Originally Posted by James310 View Post
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    What you on about?

    Generally if you support a party you might know what their policies are, make the odd comment about how they are doing, especially on a thread about the EU elections. I see none of that.

    Do you see lots of people on here full of praise for the Tories? What's so different. I am sure many on here hate the Tories as its the 'wrong' party more than they want independence. You just confirmed my hypocrisy point, critisism for someone who does not like the SNP, but ignore the Tory and Labour haters as they are OK in your book.

    hypocrisy.net
    Absolute tosh

    You are criticising someone for apparently not praising the party he is a member of enough.

    That's nothing to do with a specific policy or decision by any party - its just you partaking in tribal poltics

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  26. #775
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    Quote Originally Posted by Callum_62 View Post
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    Absolute tosh

    You are criticising someone for apparently not praising the party he is a member of enough.

    That's nothing to do with a specific policy or decision by any party - its just you partaking in tribal poltics

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    As long as you are consistent then that's a fair criticism. But funnily enough....

    That poster in particular has been warned a number of times about the petty vendetta he has against me. I would happily move on to actual political points but he can't seem to help turning it into personal jibes.

  27. #776
    @hibs.net private member Hibbyradge's Avatar
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    Quote Originally Posted by James310 View Post
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    Not at all. Just like to see the rules being applied fairly across all parties and politicians. If you are going to make accusations like Alyn Smith did on national TV, you better have evidence to back it up. Nobody likes politcians who make stuff up.

    It's another example of the double standards on here. Boris Johnston going to court for lying is greeted as wonderful news, yet a SNP politician who has been accused of the same thing is hard done by and he should not seemingly have to back up what he said with any kind of evidence.

    hypocrisy.net
    Has Smith lied?
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  28. #777
    @hibs.net private member Callum_62's Avatar
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    Quote Originally Posted by James310 View Post
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    As long as you are consistent then that's a fair criticism. But funnily enough....

    That poster in particular has been warned a number of times about the petty vendetta he has against me. I would happily move on to actual political points but he can't seem to help turning it into personal jibes.
    Funnily enough what?

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  29. #778
    @hibs.net private member Moulin Yarns's Avatar
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    Quote Originally Posted by James310 View Post
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    Not as confused as you in terms of what party you support. Saw a few posts from you praising the SNP, yet funnily enough none about the Greens, you know the party you claim to be a member of.
    I have praised the Greens as well as the SNP, but some people are so blind as to not notice.


    If you want to start a new thread all about the Greens feel free, you can call it green deal.
    There is no such thing as too much yarn, just not enough time.

  30. #779
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    Quote Originally Posted by James310 View Post
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    Not at all. Just like to see the rules being applied fairly across all parties and politicians. If you are going to make accusations like Alyn Smith did on national TV, you better have evidence to back it up. Nobody likes politcians who make stuff up.

    It's another example of the double standards on here. Boris Johnston going to court for lying is greeted as wonderful news, yet a SNP politician who has been accused of the same thing is hard done by and he should not seemingly have to back up what he said with any kind of evidence.

    hypocrisy.net
    So nobody likes any politicians then, including yourself?

    I take it you won't be voting anymore, seeing as they all tell lies?

  31. #780
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    Quote Originally Posted by James310 View Post
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    Do you see lots of people on here full of praise for the Tories? What's so different.
    They're a different party with different policies and values that are not quite as popular in Scotland. That's the difference.

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