The appropriately-named Mr Bumble, in Oliver Twist, first coined the phrase “the law is an ass”. Charles Dickens stopped well short of naming names, however.
These days we are more fortunate in being able to pin the donkey’s tail on someone’s posterior: that of Mr Justice Eady. Eady has emerged from the lofty otherworldliness of his profession to deliver some judgements of stunning asininity over the past couple of years.
I don’t often find myself in agreement with Paul Dacre, editor in chief of Associated Newspapers. But last month I was prepared to let bygones be bygones when he castigated Eady for his “arrogant and amoral” judgements which were “inexorably and insidiously” imposing a privacy law on British newspapers.
You’ll probably need no reminding that it was Eady who found in favour of Max Mosley, former president of the FIA motor racing body, in his privacy case against the News of the World two years ago. To let Dacre paraphrase: Eady “effectively ruled that it was perfectly acceptable for the multi-millionaire head of a multi-billion sport followed by countless young people to pay five women £2,500 to take part in acts of unimaginable sexual depravity.”
And it was Eady again who got a proper wigging from the appeal court after his manifestly biased judgement favouring foul-mouthed newspaper baron Richard Desmond in a libel action against Desmond’s very unauthorised biographer, Tom Bower. In July, the appeal court found that Eady’s decision was “plainly wrong” and risked “a miscarriage of justice”.
All too easily we might believe it was Eady who decided on the utter propriety of gagging newspapers from reporting a parliamentary question about the ne’er-do-well dumping activities of Trafigura off the Ivory Coast – during the so-called super-injunction affair. But I’m told that is not true. Eady did not on this occasion have to be consulted, although I have little doubt where his sympathies would have lain had things got that far. There are plenty of other examples of “Eady’s Law” which help to confirm my worst suspicions.
Lewd and suggestive?
But here’s the real corker. Eady has now awarded Tiger Woods an injunction which bans anyone from publishing pictures of the golfing legend naked, or with any parts of his body exposed. Theoretically, that would exclude just about every publicity picture ever taken of Woods in his golfing kit; and certainly most of the stuff on his own website; it would exclude those semi-naked and oh-so-lewd shots of Wood shaving himself in the Gillette ads; and all that bare-armed stuff about being a Tiger in the Accenture campaign (not, of course, the reason why these two sponsors are dropping him). Surreally, a pompous covering note attached to the injunction states: “For the avoidance of doubt this order is not to be taken as an admission that any such photographs do exist, and it is not admitted, any such images may have been fabricated, altered, manipulated and or changed to create the false appearance and impression that they are nude photographs of our client.”
True asinine gibberish. I bet teeth are really chattering at the (extra-jurisdictional) National Enquirer after reading that.
Eady is apparently puzzled and upset at the negative publicity he is receiving, in just the same way that Brian Hutton was puzzled and upset at criticism for the wrong-headed conclusions he drew from his eponymous Inquiry. These people don’t seem to understand that they live within an open society, not above it. O tempora, o mores.