header-logo header-logo

08 November 2018 / David Locke
Issue: 7816 / Categories: Features
printer mail-detail

An abuse of privilege?

​David Locke reflects on the ramifications of the recent public intervention of Lord Hain in breaching an injunction

Leading legal figures including Lord Woolf and Lord Judge lined up to condemn what they described as the inappropriate use of parliamentary privilege by Lord Hain. However, in the face of questions regarding his motives, he has doubled down, refusing to either retract his statement or to apologise. The incident highlights acutely the dangers of a constitution which permits unelected peers—indeed, any parliamentarians—to subvert due process and the rule of law.

Contempt of court

On 23 October 2018, the Court of Appeal, led by the Master of the Rolls, handed down a judgment which had the effect of maintaining an interim injunction preventing the publication of certain issues. It is very pertinent to record that the court reduced in scope the wording of the injunction and indicated the necessity of a speedy trial, recognising that a delay in the publication of matters in the public interest was undesirable. It scarcely needs pointing out, save perhaps to Lord Hain,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll