When the law makes things worse

When you get into a hole it is a good idea to stop digging, and that is something that the rich and famous would do well to bear in mind, especially when it comes to super injunction designed to make the hole in which you are digging invisible. It sometimes works and injunctions serve a legitimate and useful purpose, but marshalling the might and majesty of the law to stifle free speech is a double edged sword. Continue reading

Law, injunctions and injustice

A function of law is to do justice, which can be hard to define but easy to recognise. I have been thinking about the conflict between the rule of law and the right to free speech and the “super” injunctions granted to such unworthy recipients as Fred Goodwin and Andrew Marr. The more I read about this and the more I listen to views about this the more I appreciate just how easy it is to become confused. I was entirely baffled to watch Andrew Marr discuss this issue with Max Hastings and Helena Kennedy on Sunday morning BBC television without anyone mentioning that Andrew Marr took out one of these injunctions to “protect” his wife from knowing that he had indulgenced in behaviour of which she would not approve and no doubt also to protect his highly lucrative earnings as a television journalist. It was weird, odd and strange behaviour from people who can roll out an opinion at the drop of a hat. Continue reading