The Mudcat Café TM
Thread #165139   Message #3959830
Posted By: Iains
03-Nov-18 - 05:35 AM
Thread Name: BS: 'Sir' Philip Green
Subject: RE: BS: 'Sir' Philip Green
I see little jimmie is provoking. Quelle surprise!

Anyway back to the thread.
Having carried out a lot of reading I have come to the tentative conclusion that had the temporary injunction been on a criminal case, then sub judice would occur.
As it is a civil case my understanding is that it is not subject to sub judice because each discrete component of the case is regarded as a separate entity. Therefore not regarded as ongoing Despite the fact it most obviously is. Whether contempt may apply has not been denied.

As the situation has created a lot of disquiet, especially among some senior members of the legal profession I find it incredible that the speaker of the House of Lords has made no comment.
No matter how the matter is regarded the courts had unfinished business, hence the interim injunction, and Hains thwarted their definitive ruling.
The position of both houses is clear. Actions that are proceeding through the courts will not be referred to specifically by members without permission of the respective speakers.
The fact that it was a civil case has muddied the waters and shown a major procedural gap in both houses. It is worth reiterating that the previous 2 cases referred to where injunctions were broken the court had finalised it's decision. This present situation is compounded by the fact the court had yet to reach a decision. This is a far more serious situation, not helped by Hain's conflict of interest, having been( past present and future I suspect)remunerated by the same solicitors acting for the Telegraph.

No matter what the outcome there is a procedural deficiency in both houses brought to light by this premature disclosure. The continued silence on the matter by the speaker and all others I find a cause for concern. Either Parliament addresses the problem or I am sure Mr Green will go for blood and force them to. As has been already the European courts are loath to get involved but if an abuse of human rights are proven, without adequate address, They will have no other option.

    It has all the trimmings for a spectacular constitutional firework display.