by Dennis Kavanagh
If you asked John Selden back in the 1600s what he thought of super-injunctions, he may well have said: “Equity is a roguish thing: for law we have a measure, know what to trust to; equity is according to the conscience of him that is Chancellor”.
He went onto say that he didn’t know the length of the chancellor’s foot and that’s a bit like an uncertain law. Times change, and with all due respect to Johnny, I’m not sure I want to ask our lord chancellor, Ken Clarke, what his shoe size is in case he thinks I’m coming onto him. Our modern day answer to Selden came in the form of John Hemming MP yesterday when he revealed that Ryan Giggs had secured a super injunction against a former Miss Wales.
He justified the intervention on the basis that Giggs’ lawyers were going for the Twitterati, and managed to upset the Speaker, Nick Clegg and the high court in the process. Upsetting Nick Clegg is a noble goal, it is a shame that this important constitutional debate is circling round the tabloid drain of “guess who’s sleeping with whom this week”. That said, before we walk away from the tabloid sewer with our noses held tightly, it’s worth recognising that some serious issues are at stake.
