• sunbeam60@feddit.uk
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      24 minutes ago

      Broadly disagree but agree about a specific element.

      I think there’s plenty of justice between two people of give or take equal wealth.

      Money, unfortunately, does help one prepare a defense or attack better than those without money. So in that sense, justice is very unevenly served between parties of unequal wealth.

  • TWeaK@feddit.uk
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    6 hours ago

    Gotta love it when they say behaviour that any reasonable man would find contemptible is contempt of court.

    Mr Justice Jay should consider his position. Same of the judges who sat on the 3 appeals she’s been denied over the last 12 years.

    • ohulancutash@feddit.uk
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      5 hours ago

      Appeals courts cant overturn based on vibes. There needs to be some procedural error or new information, and judgement is on that. They arent retrials.

      • TWeaK@feddit.uk
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        5 hours ago

        We’d expect the judgment would contain the discussion of whether these restrictions were necessary and proportionate, and whether they were compatible with the exclusions in the Protection from Harassment Act. It does not. A lawyer would surely have raised these arguments, but Ms Berki of course had no lawyer.

        Without going through the appeals with a fine toothed comb, I couldn’t say whether she raised these arguments along the way or if this is just an observation of the author. However she never really had an appeal, she was denied the chance to any full hearing at any stage over the last 12 years.

          • Test_Tickles@lemmy.world
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            5 hours ago

            That adage assumes you are rich. A poor person who represents themselves is just poor and a victim of the system.

            • ohulancutash@feddit.uk
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              5 hours ago

              Increasingly so. Even the court-appointed solicitors are hugely overworked and underpaid, and often lose money on cases.

          • TWeaK@feddit.uk
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            5 hours ago

            Somewhat, but it also seems Mr Justice Jay is just an asshole to litigants in person - in direct contradiction to the rules he was supposed to follow.

            Mr Justice Jay does not have a good record of dealing with litigants-in-person. Two years later, in a different case, he behaved so poorly that the Court of Appeal and then the Supreme Court found that he’d bullied a litigant-in-person. The Supreme Court found that he had aimed a “barrage of hostility” at the litigant-in-person, and “harassed and intimidated him in ways which surely would never have occurred if the claimant had been represented”.

            • ohulancutash@feddit.uk
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              5 hours ago

              Hes a prize dickhead in general. Other judges mock him in their appeals judgements. Utter cock.

  • Fluke@feddit.uk
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    3 hours ago

    That Ms Berki wasn’t then tried for murder is a genuine fucking wonder. She’s a stronger soul than I.

  • J92@lemmy.world
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    4 hours ago

    So does that also mean that the minutes of the trial couldn’t be accessed by a journalist with use of an FOI request? Surely it was done in open court at the time?

  • Arwu@programming.dev
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    14 hours ago

    She had no lawyer. No trial. Yet she was silenced for life - even barred from speaking to the police.

    It looks like the intention was then to bankrupt Ms Berki.

    The judge had mentioned she had no money, but the order says:

    You’d expect the judgment would contain the discussion of whether these restrictions were necessary and proportionate (or even lawful).

    It does not.

    A lawyer would have raised these points. Ms Berki had no lawyer.

  • Mulligrubs@lemmy.world
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    15 hours ago

    The UK is a great example of what happens when you’ve got zero right to free speech. God knows what we will find out about the Royals when they’re finally kicked out on their ass. It will be horrifying

    On the other hand, at least Prince Andrew is facing legal consequences, which is more than the USA can say about Trump.

    Fuck Russel Brand, lock him up for life.

  • Gpennyhigh@lemmy.world
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    15 hours ago

    How sad some powerful people protect the abusers all over the world. Do better and stop abusing others in the first place!

    • ohulancutash@feddit.uk
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      5 hours ago

      Superinjunctions were popular at the time but are less used now. Case in point with the current proceedings brought by a Very Famous Person who wishes to restrain two news orgs from reporting serious allegations about him from several women (and from them coming forward otherwise), on the basis that he will commit suicide if it becomes public and this is a breach of his human right to life.

      Back in the 2010s this would be a superinjunction with no-one even allowed to mention there is a case before the court, and the Very Famous Person even tried to supress that the news orgs in question were the Guardian and ITN, but he was refused that, and indeed his attempt at an injunction was denied on tuesday, on the basis that his mental health was up to the NHS which has him in secure detention, not up to the news media. He was given leave to appeal but unless that goes forward the stories will run.

      So things have changed a bit.

    • 7112@lemmy.world
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      22 hours ago

      This is the part that got me:

      It prohibits Ms Berki from telling anyone what she says happened to her – not journalists, not friends, not family, and not even the police. The court also orderd Ms Berki to pay £50,000 in legal costs within two weeks (which she couldn’t afford) and authorised her bankruptcy.

      • TWeaK@feddit.uk
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        5 hours ago

        Don’t forget the bit where it explicitly names the only doctors she’s allowed to speak to about this, who don’t work at her GP surgery anymore. So she can’t speak to a doctor about any of this except in an emergency.

      • krashmo@lemmy.world
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        21 hours ago

        Fuck you government, I’ll say what I want. I wouldn’t be able to stop myself from talking to a journalist the next day

        • shalafi@lemmy.world
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          16 hours ago

          I’d bring the malicious compliance in force.

          “Hi Mr. Journalist. You should take a look at this injunction the court laid on me. I’m an unable to speak to you about this, but you can read it yourself. I’d be glad to come on TV and talk about how I can’t talk about this.”

          • TWeaK@feddit.uk
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            5 hours ago

            The thing is the injunction also prevents anyone who knows about it from publicising it. Even taxpolicy.org.uk here are on very shaky ground, and they explicitly didn’t publish parts of the order.