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27 May 2011 / Stephen Hockman KC
Issue: 7467 / Categories: Opinion
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Clash of the Titans

Stephen Hockman QC Courting controversy: Parliament & the judiciary wrangle over privacy

The issue of legal privacy which dominates current headlines is a toxic one. It mingles not only some traditional elements such as sex, football and money. We are also seeing a concerted attempt by the media to gain significant new ground within our political system. We are seeing how the use of the internet can make a political issue much harder to solve. And above all we are seeing how, under our uncodified constitution, there is the potential for damaging tension between the courts and Parliament.

The judges are doing their best to address these problems constructively. If you doubt this, look not only at the report by the Master of the Rolls’ Committee on Super Injunctions, but also at the transcript of the press briefing last week by the Master of the Rolls and the Lord Chief Justice (now on the judiciary’s website at www.judiciary.gov.uk). Lord Judge makes clear his desire to see the use of the internet made

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MOVERS & SHAKERS

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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