Please don’t read this unless you want the facts behind DT's first claim against Mr Peter Filby, editor of Which Kit Car? magazine. Please go back to the home page if you’re not interested. Go to the Filby Fact Files to get the whole story chronologically arranged.

In the Early History page, it was explained how DT sold KCi to PF, in early 1998, and how PF intened to squeeze KC out of business. What Fibs didn't reckon on was KC's improvement which increased KC sales by about 300 copies per month whilst WKC sales were falling at the rate of about 200 copies per month.

Come August 1998; KC sales were equal those of WKC (around 8,000 copies per month each). PF was furious! His main complaint was that KC had adopted "Biggest and Best" as a cover strap-line. He came to KC's offices and protested that KC wasn't 'bigger' because, he said, WK? was 20mm wider. DT showed him that KC had more pages which more than justified its claim to being 'biggest'. PF then protested that "Biggest" wouldn't be taken as a reference to physical size anyway, but rather to circulation. PF was cross because DT wasn't moved by his protests. PF stormed out of the meeting in a rage saying words to the effect that DT hadn't heard the last on the subject.

It's perhaps worth stating at this point that the vast majority of DT's income was derived from sales of Pilgrim Sumo kits. The September 1998 issue of WK? contained a (fabricated?) readers letter and PF's reply to the effect that Sumo's weren't strong enough for powerful engines. DT complained to PF who responded with words to the effect that since KC is at liberty to tell (what he saw as) lies to the detriment of WK?, then he considered himself to be at liberty tell lies to the detriment of Pilgrim (and therefore KC). He said he wasn't even prepared to listen to DT's complaints whilst KC was falsely (in his eyes) claiming to be "Biggest and Best".

DT placed the matter into the hands of solicitors who, in November 1998, issued DT's first Writ of Summons against PF alleging Slander of Goods and Malicious Falsehood.

PF defends on the basis that the letter and his reply were genuine. That said, he never produced the letter from the illusive Barnaby Dunning (what a name? - a purported student of Hatfield University). He has since (privately) admitted to ruing the day that he concocted that letter. PF's Defence asserts not that the advice was sound in engineering terms but that, curiously, the advice represented PF's 'perceptions' (similar to the 'feelings' mentioned in the Early History page, hey?) Section 7c of the Defence lays out PF's 'perception' of how his words were supposed to have been interpreted (and completely ignoring the Jaguar based Sumo which was made specifically for large American engines).

This line of semmantic defence was never going to succeed at Trial because the words simply didn't mean what PF was trying to say they they were 'perceived' to mean. PF evidently worked that out too, so he retrospectively sought evidence that would support what he'd actually said. So, in the hope that something would turn up, in October 2000 PF started placing 'Unique Survey' notices soliciting for complaints against Pilgrim.

At about the same time, it became evident to DT's solicitors that PF was never going to be able to pay even the costs of the Court battle, let alone any Damages. On legal advice DT proposed to drop his Claim. on a 'drop hands' basis.

This was wrongly interpreted by Fibs who evidently took it to be a sign of weakness. What he did from there was truly astonishing. He started publishing a series of highly damaging articles. One named Pilgrim as a 'renegade manufacturer' that needs putting out of business. Others concerned Pilgrim's dealings with a Mr Howell (those are subject to another page entitled The Howell issue.) He then wrote to DT what amounted to a blackmail demand in an attempt to force DT to settle on his terms. I'll not go into all the gory detail on this page because it is dealt with in The Howell issue page.

Suffice to say that DT did agree to settle. A compromise was reached whereby, for his part, DT agreed to pay £9,500 towards PF's costs (which PF's solicitor put at £60,000 up till then). For PF's part, he Undertook not to publish any further articles about Pilgrim or DT.

However, that wasn't an end to it. Contrary to his solicitors advice, PF was intent on continuing to publish readers letters which he maintained were not 'articles'. He also continued with publishing notices like this. (June issue) and publishing the resulting readers letters. I therefore refused to pay the £9,500 that I'd said I'd pay for his silence.

The issue as to precisely what had been agreed to settle DT's first claim went before Judge Gray who (wrongly) agreed with PF and Ordered accordingly. That set in train the following sequence of legal actions:-

PF issues Statutory Demand (bankruptcy proceedings) against DT for the £9,500 on the basis of Judge Gray's findings.

DT seeks leave to Appeal Judge Grays Judgment which he obtains

DT issued second Writ against PF alleging that the contents of the letters being published were untrue (see The Howell issue ).

DT has PF's Statutory Demand Set-Aside. PF is Ordered to pay DT's costs.

The eventual outcome was that PF eventually retracted and apologized before Lord Justice Gray for lying. However, by that time, DT had suffered a mental breakdown and had sold Pilgrim. If that weren't bad enough, before the ink was even dry on his apology, he'd launched a new attack - this time upon KC magazine. Basicly, Fib's was intent on waging war 'to the death' - which he did until he died (commercially speaking).

Fiby Fact File - The chronological listing of events/documents

Early History involving Fibly's dodgy business dealings and lack of knowledge and how it led to legal conflict with DT

DT's First Writ of Summons against Fibly - presented as a story.

The Howell issue presented as a story and how it became subject of a second Writ.

After the legal battles records what happened after PF finally admitted that he'd lied.

Monty Python Sketch the story of PF's involvement with the Python confidence trick.

Please contact me with questions and/or requests as to where clarification or additional detail is most needed.

To get back to the 'normal' site use these two links Kit Car Home page or Cobra Home Page