Schillings Backlash: Injunction Industry Under FireParliament 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the Press Complaints Commission, argues this morning that the the Human Rights Act could be amended, rather than just repealed:-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

Quote of the Day

John Curtice, professor of politics at Strathclyde University, says….

“The UKIP vote is going to the Tories. That’s the story of the first week of the campaign.”

Sponsors

Guidogram: Sign up

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

Facebook

David Ward Becoming a Problem for Farron David Ward Becoming a Problem for Farron
Clive Lewis Slammed by ICM for Fake News Poll Clive Lewis Slammed by ICM for Fake News Poll
Radio 4 Gossips Link Peston to Today Radio 4 Gossips Link Peston to Today
Mirror Chicken Fattened for Election Slaughter Mirror Chicken Fattened for Election Slaughter
Len Tries to Stitch Up Liverpool Walton for His Bag Carrier Len Tries to Stitch Up Liverpool Walton for His Bag Carrier
Starmer on Corbyn: Then and Now Starmer on Corbyn: Then and Now
Updates: Who’s Standing? Who’s Standing Down? Updates: Who’s Standing? Who’s Standing Down?
Banks Bottles It Banks Bottles It
Corbynista Unfurls “Farron Hates Gays” Placard Corbynista Unfurls “Farron Hates Gays” Placard
Esther McVey for Tatton Esther McVey for Tatton
Zac Back? Zac Back?
UKIP’s Islamo-Banifesto UKIP’s Islamo-Banifesto
Karen Danczuk Seeks Selection in Bury Karen Danczuk Seeks Selection in Bury
Corbyn and Sturgeon At Same Event Corbyn and Sturgeon At Same Event
Sunday Shows Sunday Shows
Tories Mistakenly Share Private Conference Call PIN with Opposition Tories Mistakenly Share Private Conference Call PIN with Opposition
Len and Seamus’s Champaign Celebration Len and Seamus’s Champaign Celebration
Campaign Report: 48 Days To Go Campaign Report: 48 Days To Go
Campaign Report: 49 Days to Go Campaign Report: 49 Days to Go
Listen: Dawn Butler Car Crash Interview Listen: Dawn Butler Car Crash Interview