Subject: Private and Confidential - Addressee only. Date: Fri, 7 Nov 2008 19:41:47 +0000 From: [e-mail] To: [e-mail] Private and Confidential - Addressee only. Dear Sir, Trevor Sears We write on behalf of Trevor Sears in respect of your harassment of him on Sunday 2 November 2008. This email will be followed by a hard copy letter on Monday. The outline of relevant events is as follows. Last Sunday, you, together with unidentified others, arrived at Mr Sears’ home, without giving him any prior notice. We do not know how you obtained his home address. He was alerted to your presence by his wife, at about 2.15pm. She told him that someone was at the gates to their drive and was asking to speak to him. Mr Sears went to the gate and, as it opened, saw you with 6 or 7 other people, at least one of whom had a camera. Mr Sears was taken completely by surprise. You came forward and said that you wanted to ask Mr Sears some questions. Mr Sears, as you must have known he would, refused to answer any questions. He said goodbye and closed the gates. You remained outside his home, with the others, for some time. Mrs Sears was very concerned about, and upset by, the presence at their home of this uninvited and unexpected crowd. There was no good reason for you to have arrived at the Sears’ home, whether alone or with others. Mrs Sears was distressed. Both Mr and Mrs Sears felt threatened. Mr Sears called the police and, eventually, you and your associates left the area. After you left, Mr Sears discovered that you had affixed and left a large poster attached to the perimeter fence of the Sears’ home. This was in abusive and insulting terms: �śBritain Against Crooked Lawyers Trevor Sears”. We do not know how many people saw that poster before Mr Sears took it down. In a separate, but closely related incident that same day, you were responsible for the circulation of a second abusive and offensive document: a single page leaflet headed �śBritain Against Crooked Solicitors”, which contained a photograph of Mr Sears and, apart from the insulting �śUgly Face”, applied to him the words �śCrook”, �śLiar”, �śConspirator”, �śFraudster”, �śRacist” and �śConman”. This leaflet is highly defamatory. We do not know how many copies of it you produced or distributed. It was brought to Mr Sears’ attention on Monday 3 November 2008 and a copy, left at the Railway Public House, Eastbourne Road, South Godstone, not far from Mr Sears’ home, was retrieved. Your conduct in respect of the above incidents clearly amounts to harassment. We understand that the Police have already written to you about these matters. This letter is to give you notice of the fact that harassment constitutes both a criminal offence and a civil wrong under the Protection from Harassment Act 1997 and to seek your clear confirmation that there will be no further such incidents of harassment at or anywhere near Mr Sears’ home or indeed other acts of harassment of this nature. We do not propose to rehearse in this letter the sorry history of your repeated making of unfounded and defamatory allegations about Mr Sears. We say – yet again - If you have any evidence to support any allegation of any kind against Mr Sears, please produce it to us and to the proper authorities. You have referred, in previous correspondence, to complaint having been made, including to the Metropolitan Police and the Solicitors Regulatory Authority (both of which have investigatory powers) and to Mr Sears’ client IATA; and, in relation to such alleged complaint, you have referred to �śevidence” and to a �śfull file”. Yet you have not produced a single jot of evidence to us, despite many requests by us. To the best of our knowledge, you have not produced any evidence to the police, to the SRA, to IATA or to anyone else. As you know full well, Mr Sears denies these allegations. We have seen nothing to suggest that there is the slightest foundation for any of them. We accept that, if there were any evidence, it should be fully and properly investigated. In the light of your failure to produce any evidence, however, the inevitable conclusion is that you have no evidence. If you have any evidence, then please produce it now. If you do not produce any evidence within 7 days, we shall proceed on the basis that you have none. We return to the question of harassment. Mr Sears reserves his position in respect of your conduct prior to 2 November 2008. However, he cannot let your activities that day pass without complaint. Your mob-handed visit to his home, the display of the poster and your distribution of the leaflet can have had no legitimate purpose. These matters constitute harassment and must have been intended so to do. Your purpose appears to be to seek to intimidate and threaten him, perhaps to deter him from acting on behalf of IATA in support of their proper claims against an agency in default of its obligations. We will be writing separately to Ash Green Travel Limited about this matter. You must not repeat this conduct or engage in any similar conduct. We ask you to confirm (1) that you will not approach Mr Sears at or near his home (2) that you will not publish the poster or leaflet (or any similar publications) at or near his home, including in any local public house, shop or business, or neighbouring home and (3) you will not engage in similar conduct. If you wish to contact Mr Sears, please do so through the Davenport Lyons office. Correspondence should be directed to Mark Bateman of this firm. We have previously indicated that, so far as your claims about Mr Sears are concerned, you may, if you wish, communicate with Alan Gomb or David Gore (both partners of the firm). We look forward to receiving your confirmation on (1), (2) and (3) above by return. Please address your response to Mr Bateman. Our client will, if necessary, apply to the court for injunctive relief to prevent further harassment. Davenport Lyons