Barclays Response

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On the 11th February 2019 I wrote to Barclays lawyers:

Please find attached a copy of the pages from a website which will go live shortly, concerning the details of the Last Look case. If your client would like to comment on any part of it please let me know by close of business on Friday 15th February. Similarly if you or your client believe there are any factual errors in these pages please let me know with the evidence of the error and I will be happy to correct it.
Regards
David

 

Their reply was as follows:

 

Dear Mr Fotheringhame,

We refer to your email of 11 February 2019 entitled “Last Look case website”.

We have, together with our client, reviewed the material attached to your email.  The material is highly objectionable in a number of respects and includes false and defamatory content.  By way of example, your comment that John Mahon “lied and lied and lied again in the course of effecting the dismissal” is not true and is not supported by the judgment of the Employment Tribunal.  Clearly, such comments should be removed.

Our client does not propose to engage in further discussion with you regarding the content of your proposed publication which it neither endorses nor approves as accurate.  However, should you proceed to directly or indirectly: (i) publish material which is defamatory, inaccurate and/or false; and/or (ii) misuse material proprietary or confidential to Barclays which is therefore not yours to use, and this causes our client to suffer loss or damage, our client will take the necessary steps to protect its position. We also note that the further disclosure of Barclays’ response to the NYAG Subpoena may violate certain laws and regulations of the State of New York.

Accordingly our client’s position in respect of your proposed publication is fully reserved.