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Defamation Abroad


MiKT

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On ‎29‎/‎06‎/‎2017 at 8:36 AM, whatawonderfulday said:

And in which country did the alleged defamation occur ?

The alleged defamation occurred Bangladesh; with threats of being sued and jailed in India, Bangladesh & Thailand - all 3 at once apparently!

 

All pretty nonsensical really, but would be interested in the facts re Thailand.

 

I should add that the company threatening to sue me is a British owned International company with a subsidiary in India doing work in Bangladesh. The threat came from a company lawyer in Dubai!

 

I can't wait to expose them in court, but I have no doubt the "glass houses principal" will work its way into their thick heads in the very near future and nothing will happen except they have now annoyed me and .......

 

 

 

 

Edited by MiKT
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If it was in Bangladeshi media then surely only Bangladeshi law would apply.

 

EDIT Thai defamation / libel law is draconian (which is why Thaivisa has the "no name and shame" rule), but without a Thai connection (Thai person / company) I doubt much is going to happen here.

 

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1 minute ago, Crossy said:

If it was in Bangladeshi media then surely only Bangladeshi law would apply.

 

 

That's what you would think Crossy, but it was not in published media, just internal emails that included the Bangladeshi customer - more to you privately soon.

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31 minutes ago, MiKT said:

The alleged defamation occurred Bangladesh; with threats of being sued and jailed in India, Bangladesh & Thailand - all 3 at once apparently!

 

All pretty nonsensical really, but would be interested in the facts re Thailand.

 

I should add that the company threatening to sue me is a British owned International company with a subsidiary in India doing work in Bangladesh. The threat came from a company lawyer in Dubai!

 

I can't wait to expose them in court, but I have no doubt the "glass houses principal" will work its way into their thick heads in the very near future and nothing will happen except they have now annoyed me and .......

 

 

 

 

In that case the Thai judiciary will only consider a case of defamation if that defamation occurred in Thailand and/or  was a Thai company or citizen you were defaming elsewhere

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4 minutes ago, Crossy said:

Absolutely not Thai law but this may give some insight http://communications-media.lawyers.com/libel-slander-defamation/email-defamation.html

 

Yes, thanks Crossy, absolutely correct.

 

I know the Indian and Bangladeshi laws on defamation (based on British Law) and would have no problem with either of them, basically very clear that the truth can't be defamation. I just don't know the details of the Thai law  which as we know from recent cases involving a TV member no longer residing in Thailand the truth does not matter. However, these were related to cases that might be considered to be detrimental to Thai interests. I find it hard to believe that a Thai court would have much interest in what an expat may have to say about true events in Bangladesh.

 

 

 

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Just now, whatawonderfulday said:

In that case the Thai judiciary will only consider a case of defamation if that defamation occurred in Thailand and/or  was a Thai company or citizen you were defaming elsewhere

 

Thanks very much whatawondefulday, your post crossed my last one. 

 

But please alleged defamation, only alleged.

 

I certainly think and hope that you are correct.

 

No Thai persons were involved............ Basically only Indian cowboys who object to my opinions on their failings on project engineering and management (including safety related issues) being exposed to Bangladeshi authorities - Actually my duty under Indian and Bangladeshi law.

 

Also I think under British Law. I forget what the CDMR has to say about the duties and responsibilities of British Companies working abroad, but I seem to remember that either that Reg. or another one says that British companies are legally responsible in the UK for ensuring the safety of staff and public on projects undertaken abroad. 

 

 

 

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25 minutes ago, MiKT said:

 

Thanks very much whatawondefulday, your post crossed my last one. 

 

But please alleged defamation, only alleged.

 

I certainly think and hope that you are correct.

 

No Thai persons were involved............ Basically only Indian cowboys who object to my opinions on their failings on project engineering and management (including safety related issues) being exposed to Bangladeshi authorities - Actually my duty under Indian and Bangladeshi law.

 

Also I think under British Law. I forget what the CDMR has to say about the duties and responsibilities of British Companies working abroad, but I seem to remember that either that Reg. or another one says that British companies are legally responsible in the UK for ensuring the safety of staff and public on projects undertaken abroad. 

 

 

 

Well as an ex Project Director I can understand perhaps the issues you had in ensuring compliance to the principles of Project Management and Engineering when dealing with Indians etc.  They can be sound as a pound, as many I worked with were,  but unfortunately they have an inherent believe that they always know better which takes a great deal of management expertise to ensure that they carry out their projects in an appropriate manner.

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Yes, sorry, this is not about Indians per say, I have worked in India and with Indians many times and as with all nationalities, some are very good and some are very not.

 

Its about a particular UK company who's name would shock you if I released it (stop laughing Crossy) they also work in the LoS under a different name and different discipline, but who's Indian subsidiary are making a pigs ear of the project I was on in Bangladesh.

 

 Unfortunately, despite much vaunted Codes of Conduct and Health and Safety Policies, that are totally ignored by the Indians I deal with, its not even possible to get the email of the Chief Legal Officer (or any other responsible person) in the UK to complain directly to. Talk about head in the sand.

 

I expect I could post a letter to the UK head office, but simply can't be bothered really. Yet.

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