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-   -   Fred Goodwin gets superinjunction to stop him being called a banker (https://www.cableforum.uk/board/showthread.php?t=33675736)

Maggy 10-03-2011 20:16

Fred Goodwin gets superinjunction to stop him being called a banker
 
http://www.guardian.co.uk/business/2...nction-banking

Quote:

The controversial former bank chief Sir Fred Goodwin is the latest high profile figure to obtain a superinjunction, it has emerged.
The existence of the measure – which bans the press from reporting that an injunction has been obtained – can be revealed after a backbench Liberal Democrat, John Hemming, raised the issue in the Commons.
"In a secret hearing this week Fred Goodwin has obtained a superinjunction preventing him being identified as a banker," said Hemming, the MP for Birmingham Yardley.
Quote:

Hemming, who used parliamentary privilege to avoid the legal ban on reporting the use of superinjunctions, asked: "Will the government have a debate or a statement on freedom of speech and whether there's one rule for the rich like Fred Goodwin and one rule for the poor?"
Quite so..

Ignitionnet 10-03-2011 20:19

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Indeed. These injunctions are illiberal in the extreme and have no place in our or any other supposedly free society.

Sparkle 11-03-2011 09:20

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
I wonder how long it will be before such injunctions are extended to include internet discussions.
My bet is that as soon as they possess the means to do so, they will.

Peter_ 11-03-2011 09:31

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
I personally identify him as something that rhymes with "Banker" to be honest, and what a one he is making himself out to be.;)

Chris 11-03-2011 09:38

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Sparkle (Post 35191063)
I wonder how long it will be before such injunctions are extended to include internet discussions.
My bet is that as soon as they possess the means to do so, they will.

They already do.

The only reason this discussion is legally allowed to go ahead is because we're discussing something that was said in Parliament, where speech cannot be banned by the courts.

However, anything else covered by this injunction is not allowed to be discussed here. Not that it's likely such topics would come up, as you would probably have had to have been at the high court to know what they are.

MartJ 11-03-2011 09:46

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Yep the media where about to reveal that Fred the Shred is the evil Banker on Deal or No Deal.

OOPs that's the cat out of the bag now. :D

Maggy 11-03-2011 10:41

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Chris (Post 35191070)
They already do.

The only reason this discussion is legally allowed to go ahead is because we're discussing something that was said in Parliament, where speech cannot be banned by the courts.

However, anything else covered by this injunction is not allowed to be discussed here. Not that it's likely such topics would come up, as you would probably have had to have been at the high court to know what they are.

Thank goodness for Parliamentary privilege I say.At least it can be good for something once in a while.. :)

Hom3r 11-03-2011 10:47

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Are you sure the injuction is the word "Banker", and not a misprint? :D

nomadking 11-03-2011 10:53

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Does that mean that the head of a football team is to be called a footballer? Would that person be expected to be directly responsible for any tactics used on the football field?

bonzoe 11-03-2011 19:59

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Whatever he likes to call himself, he made sure that his pockets were well lined with dosh! Can't possibly say what that makes him in my mind, he might take me to court..........

Hugh 11-03-2011 23:40

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Masque (Post 35191066)
I personally identify him as something that rhymes with "Banker" to be honest, and what a one he is making himself out to be.;)

I read somewhere that the collective term for a group of bankers is a wunch. :D

Osem 12-03-2011 14:59

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Hugh (Post 35191484)
I read somewhere that the collective term for a group of bankers is a wunch. :D

I thought it was a 'banquet'. So named as that's what they spend a lot of time doing.... :D

TheNorm 12-03-2011 15:14

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Ignitionnet (Post 35190850)
Indeed. These injunctions are illiberal in the extreme and have no place in our or any other supposedly free society.

Well, you can thank the British press for the use of these laws. If they didn't print nude photographs of celebrities on honeymoon, or reveal details of the private life of the president of the FIA, the laws would never have been required.

Ignitionnet 12-03-2011 16:20

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35191708)
Well, you can thank the British press for the use of these laws. If they didn't print nude photographs of celebrities on honeymoon, or reveal details of the private life of the president of the FIA, the laws would never have been required.

The ability to have a massively encompassing injunction, including the existence of the injunction, isn't required - full stop.

TheNorm 12-03-2011 16:51

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Ignitionnet (Post 35191725)
The ability to have a massively encompassing injunction, including the existence of the injunction, isn't required - full stop.

Yes it is - to avoid headlines such as "Max Mosley gets injunction to stop articles about his sadomasochistic sex acts with prostitutes".

Maggy 12-03-2011 16:55

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35191708)
Well, you can thank the British press for the use of these laws. If they didn't print nude photographs of celebrities on honeymoon, or reveal details of the private life of the president of the FIA, the laws would never have been required.

But the rich celebs can afford a decent solicitor and a brief to take the papers to court.The ordinary punter can't and therefore they have to rely on the press council to ensure their rights to privacy.Fat lot of good that usually does..

In a liberal society it isn't necessary to hide the fact that you have taken out an injunction against someone.That way madness lies and a group of people who can hide nefarious doings that it might be in the public's interest to know.

Like who bought a duck house on expenses..;)

TheNorm 12-03-2011 17:01

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Maggy J (Post 35191730)
But the rich celebs can afford a decent solicitor ...

Which is why we now have super-injunctions. But don't forget, the reason the solicitors were involved in the first place was the "invasion of privacy" stories the press were running about celebs.

What goes around, comes around.

Ignitionnet 12-03-2011 17:01

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35191728)
Yes it is - to avoid headlines such as "Max Mosley gets injunction to stop articles about his sadomasochistic sex acts with prostitutes".

Not in the slightest - that would break the initial injunction.

However did we get by for so long when people with enough money couldn't hire lawyers to go to a judge and say 'Mr X wants an injunction, not for anything specific, he just wants one about pretty much everything to do with him.

It's ridiculous, it's illiberal, it's basically the rich throwing their weight around using the legal system which I'm not a fan of at all.

I have absolutely no problem with injunctions over specific matters but they should be precisely that - specific - not generic because someone with money feels besmirched.

Happens probably quite a lot more than we know, this one is just especially ridiculous and thanks to parliamentary privilege out in the open. We've found a use for the HoC at last.

TheNorm 12-03-2011 17:05

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Ignitionnet (Post 35191735)
Not in the slightest - that would break the initial injunction.....

I think one of us is a bit confused. ;)

An injunction prevents a story being written (for example). However, the press can still report on the existence of the injunction.

A super-injunction prevents reporting of the existence of an injunction. Unless, of course, an MP says something about it in Parliament.

Maggy 12-03-2011 17:09

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35191737)
I think one of us is a bit confused. ;)

An injunction prevents a story being written (for example). However, the press can still report on the existence of the injunction.

A super-injunction prevents reporting of the existence of an injunction. Unless, of course, an MP says something about it in Parliament.

Which is illiberal and not something anyone wants to see.Using the media as the bad guy is counter productive to public interest.

Ignitionnet 12-03-2011 17:24

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35191737)
I think one of us is a bit confused. ;)

An injunction prevents a story being written (for example). However, the press can still report on the existence of the injunction.

A super-injunction prevents reporting of the existence of an injunction. Unless, of course, an MP says something about it in Parliament.

You rather give the story away when you discuss the existence of an injunction to prevent reporting that story.

Reporting the existence of an injunction I don't see a problem with, nor do I see a problem with specific injunctions, I do very much have a problem with widely encompassing injunctions. No place in a free society. Purely my opinion.

TheNorm 12-03-2011 17:56

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Maggy J (Post 35191738)
Which is illiberal and not something anyone wants to see.Using the media as the bad guy is counter productive to public interest.

Invasion of privacy is just as bad as illiberal laws - perhaps worse.

Quote:

Originally Posted by Ignitionnet (Post 35191744)
...Reporting the existence of an injunction I don't see a problem with, ....

So you wouldn't have a problem with a headline such as this:

Quote:

Originally Posted by TheNorm (Post 35191728)
..."Max Mosley gets injunction to stop articles about his sadomasochistic sex acts with prostitutes".


Ignitionnet 12-03-2011 18:56

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
As I said that headline would break the original injunction.

Osem 12-03-2011 18:58

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35191754)
..Max Mosley gets injunction to stop articles about his sadomasochistic sex acts with prostitutes.

You realise that's nowhere near snappy enough for the NOTW front page don't you?.... ;)

Hugh 12-03-2011 20:07

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Osem (Post 35191786)
You realise that's nowhere near snappy enough for the NOTW front page don't you?.... ;)

Max gets whipped up into a l(e)ather about hooky hookers?

TheNorm 12-03-2011 21:01

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Ignitionnet (Post 35191784)
As I said that headline would break the original injunction.

No, it would not. Can you provide a source for your opinion? Here is one that backs mine:

Quote:

...BBC political commentator Andrew Marr obtained an injunction to prevent any discussion about something in Marr’s personal life. In addition to this, Marr obtained a ‘super injunction’ to prevent any reporting that an injunction had been obtained in the first place....
http://lawandmedicine.wordpress.com/...perinjunction/

The injunction prevents the act. The super-injunction prevents reporting of the injunction. Simple, really.

Ignitionnet 12-03-2011 23:26

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Commenting on why the injunction was put in place is discussion of the subject matter. Shaky ground to say the least.

A lot of difference between 'X obtained an injunction.'. and 'X obtained an injunction to prevent discussion of Y.'.

The quote you give above is irrelevant. That Marr chose to ensure the fact he had obtained an injunction couldn't be divulged isn't relevant. Had someone discussed the material he obtained the injunction on, and noted that an injunction had been obtained for specific reasons and given them, they wouldn't have been on shaky ground.

Celebrities with money getting ultra-defensive and wanting to ensure that their defensiveness can't be discussed in any way. Not a lot else to say.

A specific injunction to ensure privacy is cool, something so wide ranging that it just gets ridiculous not so much. A former head of RBS having such an encompassing injunction that he can't be referred to as a banker is ridiculous. Stupidly wide injunction, no need, shouldn't have been granted.

Sparkle 21-03-2011 08:43

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Here comes the hyper-injunctions:

http://www.telegraph.co.uk/news/ukne...ing-to-MP.html
Quote:

'Hyper-injunction' stops you talking to MP"
Voters are being barred from speaking to their MPs under a new generation of gagging orders known as hyper-injunctions, the House of Commons has been told.
Politicians criticised the injunctions as an "affront to democracy" after John Hemming, a Liberal Democrat MP, disclosed details of one on the floor of the Commons last week.

Maggy 21-03-2011 10:33

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
I wonder if some of us will think that this can be laid solely at the feet of the media when in this case it had nothing to do with the privacy of a celebrity..but was a gagging order to protect a corporation from being sued quite rightly for offences against public safety plus it actually goes against the HUMAN rights of the gagged to actually speak to their MP,enshrined in British law..

There is privacy and then there is secrecy..

TheNorm 21-03-2011 11:10

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Maggy J (Post 35196620)
I wonder if some of us will think that this can be laid solely at the feet of the media .......

This particular case can't "be laid soley at the feet of the media", but the general principle can. Are you surprised that well-paid lawyers are taking advantage of a legal precedent?

Maggy 21-03-2011 11:21

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35196641)
This particular case can't "be laid soley at the feet of the media", but the general principle can. Are you surprised that well-paid lawyers are taking advantage of a legal precedent?

Actually I blame the judiciary and the last government for allowing it to happen on their watch.

TheNorm 21-03-2011 11:36

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Maggy J (Post 35196644)
...allowing it to happen ....

What, exactly? The use of "super-injunctions", or invasion of privacy by the press?

Maggy 21-03-2011 11:39

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by TheNorm (Post 35196657)
What, exactly? The use of "super-injunctions", or invasion of privacy by the press?

You really think that I value the right to privacy above the right to conceal illegal activities?Get real..:rolleyes:

TheNorm 21-03-2011 12:52

Re: Fred Goodwin gets superinjunction to stop him being called a banker
 
Quote:

Originally Posted by Maggy J (Post 35196659)
You really think that I value the right to privacy above the right to conceal illegal activities?...

Well it doesn't have to be an "either/or" situation, does it? :dozey:

Surely the laywers could write a law that prohibited the exposure of personal details of individuals, unless this was in the public interest.

I still maintain that Great British Red-top Journalists led us down this path. Shame on them, and all who pay their salaries.


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