Saturday, May 21, 2011

Judges accused of gagging bid

THE most senior judges in England and Wales have been accused of trying to gag the media after criticising politicians who have disclosed the content of privacy cases covered by injunctions.

Lord Chief Justice Lord Judge questioned whether it was a good idea for MPs and Lords to be "flouting a court order just because they disagree with a court order or for that matter because they disagree with the law of privacy which Parliament has created".

Lord Neuberger, the Master of the Rolls and the most senior civil judge, also warned reports of comments which intentionally contravene court orders may not be protected by parliamentary privilege.

Speaking at the launch of a year-long review of injunctions by top judges and lawyers, Lord Neuberger said the law surrounding the issue was "astonishingly unclear", which was "very unsatisfactory".

It comes after Liberal Democrat MP John Hemming recently highlighted two cases in Parliament.

He asked in the House of Commons about an order obtained by former Royal Bank of Scotland chief Sir Fred Goodwin, which banned the media from calling him a banker, and about another order which banned a constituent from talking to his MP.

A gagging order obtained by Sir Fred was partially lifted by the High Court on Thursday after allegations he had an affair were made public by Liberal Democrat peer Lord Stoneham of Droxford in the House of Lords.

Mr Hemming said the review was an "attempt to gag the media in discussing the proceedings in parliament" and was a "a retrograde step".

Earlier, addressing the media in central London, Lord Judge said: "There has never been any question, in any of these orders, of the court challenging the sovereignty of Parliament."



Source: http://rss.feedsportal.com/c/32715/f/503354/s/150ba4f8/l/0L0Sthisisnottingham0O0Cnews0CJudges0Eaccused0Egagging0Ebid0Carticle0E3580A2850Edetail0Carticle0Bhtml/story01.htm

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