Skip to main content

Quaero Injunctions and the Inquiry

John Hemming MP, who is campaigning against excessive and unlawful court secrecy, has launched an inquiry in parliament into the growing numbers of gagging orders.

"I will be collecting a range of different gagging orders," he said, "and then analysing and sorting them into different categories. I will then produce a number of parliamentary petitions summarising the details and pass them to the Justice Select Committee for further investigation."

"What is clear," he said, "is that almost all of the super and hyper injunctions have no public judgment. That means that they are not compliant with the rules for a fair trial. There is also the question as to whether there should be an automatic time limit on an interim order. Many cases have an interim order and no final hearing. This is clearly wrong. We also need to know what the costs are both for the applicant and for the media in defending these orders. It is wrong to have a system whereby people can buy the sort of justice they want. That is a contravention of Clause 29 of Magna Carta 1297 (which is still in force)."

"A good example of an injunction that is handled properly is that relating to ZAM and CFW/TFW. This is accompanied by a published judgment. However, what is not in the published judgment is the amount of costs awarded although the fact of the awarding of costs is in the judgment. The judgment should reveal the amount of costs as well."

New type of injunction - the Quaeroinjunction

Mr Hemming has also revealed a new type of injunction against investigative journalism. "I have recently seen a gagging order that prevents people seeking information about a case from the parties. This goes a step further than preventing people speaking out against injustice. It also puts any investigative journalist at risk if they ask any questions of a victim of a potential miscarriage of justice.

"I call this the the Quaeroinjunction, after the latin work "to seek". I don't think this should be allowed in English courts. It has the effect of preventing journalists from speaking to people subject to this injunction without a risk of the journalist going to jail. That is a recipe for hiding miscarriages of justice."

"Anyone who has a gagging injunction that they would like to go into this proceeding in parliament should post it to me at John Hemming MP, House of Commons, London SW1 0AA."

ENDS

Notes for Editors
Magna Carta Clause 29 is here

Article 6 ECHR is here

Comments

Dear John

I'd love to know what other kinds of 'gagging orders' you've come across. I can only contribute an "Injunction Order" from the lawyer of the City and County of Swansea and a "Reporting Restriction Order" from the Doncaster Metropolitan Borough Council.

Listed as "Third Defendant" I fall under "The Media" and "The Media & Others".

I understand that both documents are not lawful, as they were NOT served by Court and not signed by a Judge.

BEST OF LUCK with the Justice Committee!
William Beck said…
Dear John

I am trying to obtain copies of appeals in Scotland.
We are simply told cases are "unreported" even though they are all tape recorded.
People who have won appeals in Criminal Cases are being denied access to their own judgements.
Perhaps you could include Scotland in your investigations into this widespread concealment of cases by our courts.
I can supply recent letters from our Lord President basically saying opinions should be made.
Lord Hamilton says this to my MSP Bill Kidd:
Whether to give an opinion i.s a matter tor the
Bench concerned taking into account all relevant circumstances. As a matter
of general policy I can say that it is my expectation that an opinion, however
brief, should be given in any appeal against conviction or sentence.
bonetired said…
There is another aspect that has gone unreported. There have been discussions on various websites concerning identity of people who have been able to get these gagging orders. Various names are mentioned, the pros and cons as to whether they are the person in question. The point is that a number of innocent people are having their name dragged through the mud until, possibly, some consensus is reached. The internet has totally changed how such injunctions may be enforced and I don't think Mr Justice Eady has realised that. Apart from the damage mentioned above, I really don't think that Google will give a toss about a ruling from a British court.

Popular posts from this blog

Statement re false allegations from Esther Baker

Statement by John Hemming
I am pleased that the Police have now made it clear that there has been a concerted effort to promote false criminal allegations against me and that the allegations had no substance whatsoever.
I would like to thank Emily Cox, my children, Ayaz Iqbal (my Solicitor), my local lib dem team and many others who supported me through this dreadful experience. There are many worse things that happen to people, but this was a really bad experience.
It is bad enough to have false allegations made about yourself to the police, but to have a concerted campaign involving your political opponents and many others in public creates an environment in which it is reasonable to be concerned about ill founded vigilante attacks on your family and yourself. Luckily there was a more substantial lobby to the contrary as well, which included many people who were themselves real survivors of abuse, which has helped.
I am normally someone who helps other people fight injustice. …

Statement re Police investigation into Harassment and Perverting the Course of Justice.

It was recently reported that the police were not investigating the allegations of Perverting the Course of Justice that I had made. This came as a surprise to me as I had been told for some time that my allegations were to be considered once the VRR had been rejected. I have now had a very constructive meeting with Staffordshire police on Friday 29th June 2018 and the misunderstandings have been resolved. At that meeting the evidence relating to the perversion of the course of justice and the harassment campaign against my family were discussed. The police have decided to investigate both the perversion of the course of justice and also the harassment campaign. I would like to thank them for changing their decision and I accept their apology for the way in which they did that. I am also in possession of written confirmation a police force would be investigating allegations that a vulnerable witness has been harassed for trying to expose the campaign against me. I hope that the aut…

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

I have only just found this one which I think is accurately reported below (but if it is not please give me an accurate report).

KING’S BENCH DIVISION

R v SUSSEX JUSTICES ex p McCARTHY [1924] 1 KB 256

November 9 1923

Editor’s comments in bold.

Here, the magistrates’ clerk retired with the bench when they were considering a charge of dangerous driving. The clerk belonged to a firm of solicitors acting in civil proceedings for the other party to the accident. It was entirely irrelevant that there had been no evidence of actual influence brought to bear on the magistrates, and the conviction was duly quashed.

LORD HEWART CJ:
It is clear that the deputy clerk was a member of the firm of solicitors engaged in the conduct of proceedings for damages against the applicant in respect of the same collision as that which gave rise to the charge that the justices were considering. It is said, and, no doubt, truly, that when that gentleman retired in the usual way with the justices, taking with him the…