WTF is it with judges in this country?

WTF is it with judges in this country?

Author
Discussion

PintOfKittens

Original Poster:

1,336 posts

191 months

Thursday 21st April 2011
quotequote all
Mr Justice Eady, who has been at the centre of most recent controversial libel and privacy cases, made the injunction “against the world” rather than just against national newspapers and broadcasters.

His order seeks to prevent the publication of “intimate photographs” of a married public figure after a woman tried to sell them for a “large sum of money”.

The judge said the woman “owed” the claimant, identified only as OPQ, a “duty of confidence” and breaching his privacy would damage the health of the man and his family.

His order is intended to cover discussion of the case online as well as in traditional media, despite the difficulties in enforcing it.

The injunction contra mundum is intended to be never-ending and, as its Latin name suggests, applies to the entire world.

http://www.telegraph.co.uk/news/uknews/law-and-ord...

WTF is wrong with judges? This judge should be taken outside and shot.

Eric Mc

122,165 posts

266 months

Thursday 21st April 2011
quotequote all
Judges do good work.

Carry on.

TEKNOPUG

19,017 posts

206 months

Thursday 21st April 2011
quotequote all
How do injunctions and super injunctions work? They are supposed to stop stories being made public but if the details of the injunction aren't made public, how are people to know that they aren't to publish them?

Serious question

mrmr96

13,736 posts

205 months

Thursday 21st April 2011
quotequote all
TEKNOPUG said:
How do injunctions and super injunctions work? They are supposed to stop stories being made public but if the details of the injunction aren't made public, how are people to know that they aren't to publish them?

Serious question
That's a good question actually, I've never thought about it like that!

TEKNOPUG

19,017 posts

206 months

Thursday 21st April 2011
quotequote all
Got me thinking last night when they were discussing it on Newsnight. Seems like the media lawyers and editors of press such as The Sun are made aware of what they are not to publish but there must be many thousands of media publications in the country, plus associated lawyers etc.

TheD

3,133 posts

200 months

Thursday 21st April 2011
quotequote all
Can it be published abroad? Or does the injunction only apply here. I know the translation refers to The World but is it.

TEKNOPUG

19,017 posts

206 months

Thursday 21st April 2011
quotequote all
TheD said:
Can it be published abroad? Or does the injunction only apply here. I know the translation refers to The World but is it.
Only here or countries that agree to be bound by the injunction. Can't see them having much luck prosecuting a magazine in Venezuela or Russia!

maxxy5

771 posts

165 months

Thursday 21st April 2011
quotequote all
I was irked by this but then I wondered whether it is really in the defensible public interest to know about these people's private affairs, vs familial turmoil with it all over the red tops. It's not exactly watergate is it. Undecided on it.

MadMullah

5,265 posts

194 months

Thursday 21st April 2011
quotequote all
stuff always comes through its just finding a way of doing it without it coming back to you

Zaxxon

4,057 posts

161 months

Thursday 21st April 2011
quotequote all
Eric Mc said:
Judges do good work.

Carry on.
Judge Pickles, the recent poppy burning and Koran burning judges?

Not all of them are worthy of their wigs.

TEKNOPUG

19,017 posts

206 months

Thursday 21st April 2011
quotequote all
maxxy5 said:
I was irked by this but then I wondered whether it is really in the defensible public interest to know about these people's private affairs, vs familial turmoil with it all over the red tops. It's not exactly watergate is it. Undecided on it.
It's a privacy law for rich people, no?

Johnnie Footballers can make millions through indorsements with Mothercare and being made Father of the Year, but we, the public who are buying products based on his endorsement, aren't allowed to know that he's a serial shagger with 12 bd children?

Eric Mc

122,165 posts

266 months

Thursday 21st April 2011
quotequote all
Zaxxon said:
Eric Mc said:
Judges do good work.

Carry on.
Judge Pickles, the recent poppy burning and Koran burning judges?

Not all of them are worthy of their wigs.
Did I say all of them were?

Judges make thousands of decsions every day, every year. The vast bulk of these decisions are fair and equitable - i.e. just. That's is what they are paid to do - make just decisions.

Occasionaly, a decision is made that some people will not find agreable.

Often, judges are FORCED to make a decision against their own beter "judgement" because they are constrained by the law as set out in statute. They do not have absolute power to dispense justice any way they like. The bulk of their decisions are based on how they interpret the legislation as set out.

In other words, they are making "judgements".

Derek Smith

45,807 posts

249 months

Thursday 21st April 2011
quotequote all
Eric Mc said:
Did I say all of them were?

Judges make thousands of decsions every day, every year. The vast bulk of these decisions are fair and equitable - i.e. just. That's is what they are paid to do - make just decisions.

Occasionaly, a decision is made that some people will not find agreable.

Often, judges are FORCED to make a decision against their own beter "judgement" because they are constrained by the law as set out in statute. They do not have absolute power to dispense justice any way they like. The bulk of their decisions are based on how they interpret the legislation as set out.

In other words, they are making "judgements".
Eady is an exception. He has been criticised a number of times by other judges. He was recently demoted. Yet, it appears, he can invent laws without reference to parliament nor, as importantly, us. I don;t give a damn about footballers but I do worry that rich corporations will be able to block, for instance, reports of them polluting all over the world. What's next? Not reporting wars in case it upsets someone.

I'm all for judges interpreting law and extending current laws. However, Eady has a bee in in wig about privacy. This seems to be a one-man campaign.

As someone pointed out, this is a law for rich people and rich corporations. I know the law generally follows the money but this is extreme.

Whilst judges generally do a stirling job, and one which they do not get recognition for, Eady falls outside that generalisation.

I regard him a dangerous. It's about time the law society did something about him.

fergywales

1,624 posts

195 months

Thursday 21st April 2011
quotequote all
Zaxxon said:
Eric Mc said:
Judges do good work.

Carry on.
Judge Pickles, the recent poppy burning and Koran burning judges?

Not all of them are worthy of their wigs.
yes
Google Christopher Ball, Chemlsford Crown. Utter, utter embarrassment. 19y/o serial offender with 100+ previous offences, less than a slap on the wrist.

Eric Mc

122,165 posts

266 months

Thursday 21st April 2011
quotequote all
I admit they do vary. They are human - after all (although that's not always evident either).

Most do a very good job but it's the oddball decisions that make the headlines. And of course, any decision that adversely affects the media will have full coverage by the affected media.

DSM2

3,624 posts

201 months

Thursday 21st April 2011
quotequote all
Eric Mc said:
Did I say all of them were?

Judges make thousands of decsions every day, every year. The vast bulk of these decisions are fair and equitable - i.e. just. That's is what they are paid to do - make just decisions.

Occasionaly, a decision is made that some people will not find agreable.

Often, judges are FORCED to make a decision against their own beter "judgement" because they are constrained by the law as set out in statute. They do not have absolute power to dispense justice any way they like. The bulk of their decisions are based on how they interpret the legislation as set out.

In other words, they are making "judgements".
Total rubbish. I can only assume you have little experience with the legal system, in all of its forms, in the Uk.

It offers no real benefit to anyone other than those who make it and those who implement it. For the rest of us it's an expensive burden to support.

My experience has led me to genuinely question the sanity of the political and legal minds who have developed it who, just in case you hadn't realised, include all the judges we are saddled with, at one period or another in their 'careers'.


Jasandjules

70,009 posts

230 months

Thursday 21st April 2011
quotequote all
Eric Mc said:
Judges make thousands of decsions every day, every year. The vast bulk of these decisions are fair and equitable - i.e. just. That's is what they are paid to do - make just decisions.
No, they don't make thousands of decisions each day.

There are many good judges out there who do indeed always keep justice in mind - which is after all the intent of the civil legal proceedings and is set out as the "over-riding" objective of the court.

However, there are many awful judges who make terrible decisions daily (often flying in the face of the precedent which binds them and even legislation), ruining lives and requiring people to appeal. This then leads to a further issue, namely the higher judges seek to protect (often) the lower judges who have made appalling decisions. This then leads to further injustice.

Justice Eady is well known for going too far in respect of privacy law and has been criticised for doing so (this is a very, very unusual step for a higher court to take).

Eric Mc

122,165 posts

266 months

Thursday 21st April 2011
quotequote all
So would you say that our legal system is a disgrace and should be scrapped?

And if so, with what would you replace it?

I've read all the Rumpole books you know.

Zaxxon

4,057 posts

161 months

Thursday 21st April 2011
quotequote all
Trial by fire and the ducking stool.

glazbagun

14,297 posts

198 months

Thursday 21st April 2011
quotequote all
Clarkson?