Wednesday, May 25, 2011

Lawyers, Estate Agents and Traffic Wardens

Lawyers are getting a good pummeling today.

Firstpost have a good analysis of the current injunction legal mess:

"To work, any law needs to meet five basic tests. First it needs to appear fair, whereas the current privacy law appears to operate largely for the benefit of rich, male adulterers.

Second, it must be proportionate; using super-injunctions to curb what is essentially gossip hardly ticks that box either.

Third, any legal process should be transparent, yet by definition super-injunctions are secret.

Fourth, any law must be workable; unfortunately the internet and Twitter have rendered this one unworkable.

Finally, a law has to have widespread consent which, as we are seeing at the moment, this one lacks.

This is a pretty impressive list of failings, and the judges can't say they were not warned."

No wonder the lawyers like Carter-Ruck and Schillings have been enjoying themselves.,news-comment,news-politics,injunctions-break-every-rule-of-good-law-making

Others have sought to get their own back on the jumped up tea boy who became a millionaire (Del Trotter style) on the back of the Human Rights Act 1998 and its greyness:

Schillings website says

"An intimate knowledge of media law is essential to helping our clients effectively. One of our core skills is in obtaining injunctions at very short notice to prevent the publication of private information. This can only be achieved when there is no prevailing public interest in the material in question. The court will look to see whether, on the facts of the case, the right to privacy should outweigh the right to freedom of expression."

We are all for Capitalism and the man has done a good job out of a bad law. Unfortunately Twitter has destroyed his credibility and Max Clifford must be excited to see clients going back to him.


  1. Translation:

    "To work, any law needs to meet a bunch of criteria I've arbitrarily invented for the purpose of this article, which happen to coincide with my personal opinions on the matter."

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