++ Exclusive ++ Carter ‘Rucked’ but not ‘Out’.

The jubilation in the blogosphere regarding the ‘Twittering’ into silence of the Carter-Ruck ‘super-injunction’ appears to have been premature.

This morning every member of the House of commons, including the Speaker, and every member of the House of Lords, will receive a letter personally signed by Adam Tudor of Carter-Ruck claiming that the Trafigura ‘toxic waste’ case is ‘sub-judice’ and that to discuss it would conflict with the resolution that was passed on 15th November 2001.

Matters sub judice

Resolution of 15th November 2001

Resolved, That, subject to the discretion of the Chair, and to the right of the House to legislate on any matter or to discuss any delegated legislation, the House in all its proceedings (including proceedings of committees of the House) shall apply the following rules on matters sub judice:

(1) Cases in which proceedings are active in United Kingdom courts shall not be referred to in any motion, debate or question.

(b) (i) Civil proceedings are active when arrangements for the hearing, such as setting down a case for trial, have been made, until the proceedings are ended by judgment or discontinuance.

Adam Tudor also says:

[...] there has never been any question of Trafigura applying for an injunction that had as its purpose the prevention of publication of any matter arising in Parliament.

Indeed, they do not seek to prevent publication of any matter discussed in parliament – they merely wish to prevent their client’s business being discussed in the first place.

Here is a link to the exceedingly boring report that they wish to prevent being discussed.

Let rip Blogosphere! Parliament might be silenced, but shall we be?

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