I make no particular comment about this chatty stroll through the ways and means of getting an injunction, save to note that it was written by Nigel Tait, a partner at Carter-Ruck and appears on the firm’s website:
In many cases it is clear to the lawyer, within minutes of taking instructions, whether or not the exercise may be worth while or is likely to be successful and, if it is, it is important to explain to the client:
i. the risks of it going wrong; and
ii. the risks of it going right!
If a client unsuccessfully applies for an injunction it may well draw more attention to the libel or breach of confidence than leaving it alone. The client should be told to foresee headlines such as “The story he tried to ban” or “The photographs they didn’t want you to see”.
Comments
Join the debate for just $5 for 3 months
Be part of the conversation with other Spectator readers by getting your first three months for $5.
UNLOCK ACCESS Just $5 for 3 monthsAlready a subscriber? Log in