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Between a gavel & Deep Blue Sea

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In a previous article, High Farce in High Courts, I received a number of  interesting comments. One that caught my eye was the following:

“The confidentiality agreements that flutter over my desk tend to have wording in them something along the lines of an acknowledgement by both parties that it would be difficult to put a monetary value on damages caused by a breach of the agreement and that injunctive relief (a court order requiring the party in breach to either stop doing something or continue doing something) is a better remedy. How can you really monetarise the value of a breach of confidentiality? You can’t.

I think the perceived abuse of the court process is by far the more serious “crime” in the courts’ eyes.

The legal training of this author is instructive. It’s one of two comments made by the same source. Injunctive relief was the remedy chosen by Adam Lewis who was counsel for SDI in June. The latest action by SDI is an alleged breach of a court injunction, aka contempt of court. It relates to a puff piece on career criminal King by Jim White of Sky Sports. I referred to this at the time as a pilot for a new show, ‘Criminal Cribs with Jim White.‘ I was looking forward to the second intalment set at Charles Green’s Chateau in Normandy. Mr White has excellent bed side manners as exemplified by his interrogative piece on Mr Green’s knee. We were spared his less than forensic analysis when Police Scotland seized the agenda.

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