header-logo header-logo

Clash of the Titans

27 May 2011 / Stephen Hockman KC
Issue: 7467 / Categories: Opinion
printer mail-detail

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

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

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll