I have just been asked to look at a case of what may be appalling abuse and misconduct by a music festival operator, James Scarlett. James is the organiser of the 2000 Trees music festival, which is operated by the Real Festival Company Limited. It appears that online allegations were made about abuse by a band member. The band member denies the allegations, and as far as I can determine so far has never been convicted or even invited for questioning by police. The festival, having seen the allegations, dropped him with a statement that appears to contain the false imputation that there was a meaningful investigation with an adverse outcome finding the allegations upheld. The festival then invited further comment from random members of the public. In effect, inviting gossip and speculation on the official 2000 Trees Facebook, whilst apparently deleting exculpatory posts. MHN is considering extending pro-bono support to the band. If the firm running the festival, the Real Festival Company Limited, is bankrupted that could affect its ability to pay acts – and the reputations of those associated with the firm or James. Other acts may need to consider whether they will stay on the line-up for the at-risk festival.
For those of you who do not know me, perhaps coming from 2000 Trees fansite or wherever, I am a law blogger. I have passed a Master’s Degree in Law (Legal Practice) with the solicitor’s exams (LL.M LPC) but not sought to practice as a solicitor. I do help people in court as a McKenzie Friend at the highest level – only ever for charity. For example, I was praised in Parliament helped a vulnerable woman accused of lacking mental capacity obtain a court declaration she had capacity and therefore retain her autonomy and her children (link to Parliament).
I helped former MP John Hemming clear his name. The High Court judgement is here on the British and Irish Legal Information Institute (BAILII), Baker v Hemming. Mr Hemming also praised me in the Daily Mail and the Birmingham Sunday Mercury for helping with the Hencke and Wilmer cases.
I also successfully defended a libel claim brought against me personally by Esther Baker, representing myself. I defended all the articles and the judge put the judgement in the case on BAILII here – Smith v Baker [2022] EWHC 2176 (QB). If I help the band and the musician sue James, he could face years of litigation.
Even if this band member actually had a conviction, opening a thread and inviting speculation seems to be an appalling move. Recent UK and CJEU case law has determined that Facebook page administrators can be liable in both libel and Data Protection law (GDPR).
I reached out to James for comment, but he did not reply within the deadline. I called him, left voicemails, emailed him and emailed the festival’s PR service Dice. He offered no denial nor explanation. According to a tracking service I used, Dice have opened the email at least 92 times but there has been no response nor request for an extension of time nor delay. At best, that means the festival operator decided to give currency to serious allegations, invited random members of the public to comment, but failed to instruct their PR team – who then could not obtain timely instructions.
If James thinks this is a joke he should read the link to the High Court judgement I sent him. Every month or so, High Court Enforcement Officers chase Esther Baker and she pays £20 towards the thousands of pounds she owes me. She is going to be paying my costs for a long time. If he has defamed them, James Scarlet could lose everything to the band. Having searched on the Company House website, the Real Festival Company Limited the business seems to have a number of shareholders who are obviously at risk of losing the value of their investment.
If your author was a showbusiness agent, there is simply no way I could advise a band to do business with the Real Festival Company Limited. It would be negligent. Some band members do abuse. But even minor celebrities are at an enhanced risk of false or vexatious allegations. The way this matter was apparently dealt with makes James and the Real Festival Company a toxic reputational risk.
[Update 03/11/2022] – After this article was put up yesterday, I received an email from James Scarlett. They have no comment but make various legal observations and confirm that the posts by 2000 Trees have been removed. Whether that is too late or not will now be decided elsewhere.
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