Schillings Backlash: Injunction Industry Under Fire
Parliament Should Define Privacy Limitations

The Schillings backlash has commenced in full, the tabloids are splashing on front page stories about Schillings’ losing clients with gusto. Schillings lost a case about Gordon Ramsey’s father-in-law yesterday to The Sun, over a case originally taken out by Schillings against Guido’s virtual mother, Popbitch, rubbing more salt into Schillings’ wounds.

The make-up of the recent Lord Neuberger Committee on super-injunctions – set up to investigate the supposed “need for a privacy law” – included lawyers involved in making their millions from the injunction industry; Rod Christie-Miller, CEO of Schillings, and Alasdair Pepper, a Carter-Ruck partner, argued their case successfully.

Privacy law is based on the European Convention on Human Rights which was formulated in the 1950s,  Article 8 enshrined an individual’s right to a private and family life at a time when totalitarianism stalked Europe. Millions were oppressed, the rights of shagging celebrities were not foremost in the drafter’s minds. It was envisaged to protect individuals from the state.

Lord Wakeham, a former chairman of the Press Complaints Commission, argues this morning that the the Human Rights Act could be amended, rather than just repealed:-

“..possibly by limiting the role of the Courts to dealing with issues that impact only on public authorities and the State (as the drafters of the Convention envisaged). That would leave the media outside the direct supervision of the Courts on privacy issues and enable the PCC – which can react much more swiftly to changes in newspaper technology than the law will ever be able to do so – to reassert its primacy in this area, as Parliament always intended.”

In Ireland the ECHR was incorporated into the constitution only in 2006, Irish judges so far have taken the Wakeham view, correctly in Guido’s opinion, that Article 8 is to protect individuals from unlawful privacy violations by the state and agencies of the state. It protects individuals only from journalists who use illegal means; hacking, stealing photos, sneaking onto private property and similar. It has not so far been used to hide the embarrassment of adulterous politicians and footballers. That is how Article 8 should be properly interpreted and parliament should make the law explicitly clear.

A few years ago an Irish High Court judge gave Carter-Ruck’s representatives short shrift and a bollocking over an application they made for a gagging-injunction against a certain charming, cheeky Irish blogger on behalf of a rich British politician and his socialite freedom of speech campaigner sister. For legal reasons Guido can’t say any more…



Tip offs: 0709 284 0531
team@Order-order.com

GuidoFawkes Quote of the Day

Chuka has been trying to spin the Siemens row:

Chuka Umunna: It’s no different from Sky News quoting a business leader.

Adam Boulton: Except yours says ‘VOTE LABOUR’ at the bottom.

Top Posts This Week

Guidogram: Sign up

Subscribe to the most succinct 7 days a week daily email read by thousands of Westminster insiders.

Facebook

Chuka Flashback: People Like Zero-Hours Contracts Chuka Flashback: People Like Zero-Hours Contracts
SMART METER PROGRAMME’S DIGITAL ACTIVITY WASTE SMART METER PROGRAMME’S DIGITAL ACTIVITY WASTE
MASK SLIPS FROM GREENPEACE ‘HEALTH CHARITY’ FRONT MASK SLIPS FROM GREENPEACE ‘HEALTH CHARITY’ FRONT
PM Gets Last Word On Thursday PM Gets Last Word On Thursday
FOXY BARONESS’ WEBSITE BORKED FOXY BARONESS’ WEBSITE BORKED
Labour: The Party of Benefits Labour: The Party of Benefits

GOVERNMENT DIGITAL SERVICE BEATS MICROSOFT INTO SUBMISSION GOVERNMENT DIGITAL SERVICE BEATS MICROSOFT INTO SUBMISSION
EUROPOL CHIEF: SNAPCHAT GREATEST TERRORIST THREAT EUROPOL CHIEF: SNAPCHAT GREATEST TERRORIST THREAT
Sky News Ballot Ballad Sky News Ballot Ballad
WATCH: UKIP Pledge Card Revealed WATCH: UKIP Pledge Card Revealed
Mini Wars Mini Wars
OZZIE NUMPTY EMAILS DAVID CAMERON’S PASSPORT NUMBER TO ASIAN FOOTBALLERS OZZIE NUMPTY EMAILS DAVID CAMERON’S PASSPORT NUMBER TO ASIAN FOOTBALLERS
Hell? Yes Hell? Yes
Cameron’s Last Speech in Downing Street (Before the Election) Cameron’s Last Speech in Downing Street (Before the Election)
Free Sun Advertising On the BBC Free Sun Advertising On the BBC
Downing Street Fighting Like Cats and Dogs Downing Street Fighting Like Cats and Dogs
Lucy Powell Falls Apart Under Questioning Lucy Powell Falls Apart Under Questioning
Feminist Jazz Hands Explained Feminist Jazz Hands Explained
WALTER MITTY CV OF ANTI-FRACKING CANDIDATE WALTER MITTY CV OF ANTI-FRACKING CANDIDATE
Cassetteboy v Cameron and Farage Cassetteboy v Cameron and Farage
MICROSOFT SHAKES DOWN PUBLIC SECTOR FOR DOSH MICROSOFT SHAKES DOWN PUBLIC SECTOR FOR DOSH
WATCH: Toby Young Skewers Labour Zero Hours Contract Attack Line WATCH: Toby Young Skewers Labour Zero Hours Contract Attack Line
MAIL TRICKED INTO QUOTING BATMAN FILM IN PLANE CRASH COVERAGE MAIL TRICKED INTO QUOTING BATMAN FILM IN PLANE CRASH COVERAGE
ANTI-FRACKING PARLIAMENTARY CANDIDATE WANTED TO WORK FOR FRACKERS ANTI-FRACKING PARLIAMENTARY CANDIDATE WANTED TO WORK FOR FRACKERS
Crick Gets Paxo’d Crick Gets Paxo’d
Cameron’s Secret A-List Cameron’s Secret A-List
Corrections and Clarifications: Brooks Newmark Corrections and Clarifications: Brooks Newmark
What is Wrong With the Lobby? What is Wrong With the Lobby?
Arrogant Bercow: “I’m Not Going Anywhere” Arrogant Bercow: “I’m Not Going Anywhere”
GOVERNMENT SHELLS OUT FOR PHOTO OF DEAD ZEBRA GOVERNMENT SHELLS OUT FOR PHOTO OF DEAD ZEBRA