Ofcom - Class Action Law Suit

Discussion in 'EMC Matters' started by sjp, Dec 31, 2018.

  1. sjp

    sjp New Member

    Hi

    I am just curious, but has anybody considered the possibility of a class action lawsuit against ofcom for breaching The Human Rights Act with respect to the right to enjoy ones property and possessions. ?

    Just a thought
  2. Ken G3SDW

    Ken G3SDW Moderator

    Who maybe asking? nice to know who I am giving info too.
    But seriously though do you know how much that would cost in legal fees?
    If you have funds available then I am sure there would be many people who would get involved
  3. sjp

    sjp New Member

    Simon, G0MGA

    Oh, I think shared around a thousand or so radio hams, and say a large chunk donated by the RSGB would be a worthwhile investment.

    Lets face it, its a one time investment. If you compared it to the old days, and returned to licence fees, whereby the licence payer then contributes to the cost, thats a year upon year investment.

    I have no doubt that ICOM, Kenwood and Yaesu would also be keen to offer some of their R&D funding to the costs, else in just a few years if things carry on the way they are, there will be no more R&D to worry about because there wount be any ICOM, Kenwood or Yaesu left trading!
  4. Ken G3SDW

    Ken G3SDW Moderator

    You seem to forget the fighting fund that the society tried to set up.
    Several guys contributed but the vast majority did not bother.
    To take legal action then no amount raised would be enough.
    To do what you have suggested would need a very large open check Book, who in there right mind would go down that road?
  5. sjp

    sjp New Member

    Maybe I am being too positive about what I would consider is a certain outcome.. The costs are only apparent if the case is lost!

    The Human Right Act makes provision for the injured party/parties to have continued enjoyment to their property or possession. The possession is the right to enjoy the radio (hobby)

    Who could argue that the hobby IS NOT being ruined by VDSL?

    And the only defence Openreach could offer is that it is in the public interest to provide fast broadband at the expense of the poor radio ham. In view of the availability of the filtering to our bands which I read somewhere they were supposed to have provided, but have not done so in many cases, I would say that the plaintifs case was quite strong.

    Furthermore, how many hams have invested thousands in their equipment, but are now having to sell up and losing say 20% on their investments.

    I am sure that those old-timers would rather spend a couple of hundred quid each and hold on to their radios than have to sell them on.

    Besides, if the hobby takes a rapid decline, then surely the membership to the society would be affected similarly. Has the RSGB considered what their future might be if the decline continues.

    Surely the RSGB has contact with a retired barrister or maybe one of its members is a barrister and might be willing to look at the prospects!
  6. Ken G3SDW

    Ken G3SDW Moderator

    We have gone down this road before and we can talk about it till the cows come home but if you know of a very large open ended pot of gold then let us know.
    Now I do what I do for the society 24/7 but tonight being tonight then all I can say is happy new year as I need a break.
    Tomorrow is another day and this conversation has been stale for a long time and I don't intend to open it again and certainly not at this time if night.
    Good night and sweet dreams.
    Last edited: Jan 1, 2019

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