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Tag Archives: ECHR Article 10

Merlin has no magic wand to gag theme park safety campaigner

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A judge has backed the right of a critic of Merlin Entertainments’ theme park safety record to continue his “robust” campaign against the owners of Alton Towers and Chessington World of Adventures. The High Court judgment has asserted the obligation companies have to endure criticism even if it is upsetting or senior employees feel harassed by it.

Merlin Entertainments had sought a court injunction against a mass emailing and internet campaign on theme park safety by Dr Peter Cave and alleged he was harassing their staff. But Mrs Justice Laing said:

“An almost inevitable consequence of occupying a position of responsibility in a plc, the business of which affects many members of the public, is that, at times, a person will be exposed to robust, and occasionally upsetting, criticism. Its officers should, of course, be protected from real harassment. But they are not immune from criticism, even if that is misguided and intemperate.” (Para 56)

The judge took no view on the validity of Dr Cave’s criticisms but said that if they were unjust, the proper recourse for Merlin was the libel courts, not an injunction. “If such a claim succeeds, the level of damages will reflect the distress caused by the defamation.”

Dr Cave’s interest in theme park safety was prompted by the accident at Chessington in which Jessica Blake, 4, was seriously injured in 2012. Dr Cave and his company, Peer Egerton Limited (PEL) were hired to do a condition survey on the park after the accident.

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Twitter joke and Lord Judge-made law – without the ECHR bits

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It seems that giving the European Convention on Human Rights a good kicking is all the fashion at the moment. One expects the bully-boys of the Conservative Party to give the ECHR a bit of a bashing, aided at times by members of the rival UKIP gang. But when three well-dressed mature gentlemen with fob watches and silver handled canes hoved into view, surely one might have thought the bovver boys would flee, the decent old coves pick up the poor battered fellow, dust him down, press a half crown into his begrimed palm and send him peaceably on his way.

But no. Instead Lords Judge and Sumption and Laws LJ (for it was they) launched their hand-finished Grensons in a few well-aimed kicks at the supine body of law that is Strasbourg jurisprudence then stood back to let the nasty parties finish the job.

Former Lord Chief Justice Lord Judge is latest to give his view and his UCL lecture is here: Constitutional change; unfinished business. Lord Judge’s intervention has given rise to a curious suggestion – that in at least one case, Paul Chambers v DPP, (the Twitter joke trial) barristers deliberately avoided making ECHR Article 10 (freedom of expression) points as they knew he was “unfavourable” to them. Read the rest of this entry

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