I am intrigued to hear that an appeal to the Supreme Court is being mooted in THEVARAJAH V RIORDAN , another Appeal Court decision backing Mitchell to the hilt.
Do not get excited.
1. As the brilliant Simon Browne QC pointed out to me yesterday those scribblers who say he should have appealed Mitchell fail to appreciate that the Court of Appeal is the HQ of matters procedural.
2. My reading of THEVARAJAH is that relief would not have been justified even on the old soft touch approach let alone the new one.
3.Were it to go to the Supreme Court waiting with open arms and open minds would be Lord Neuberger , the biggest fan of Sir Rupert, and Lord Clarke who , err , appointed Jackson and handed him a flame thrower to sort out the bloody mess.Looks promising , eh ?
Do not get excited.
1. As the brilliant Simon Browne QC pointed out to me yesterday those scribblers who say he should have appealed Mitchell fail to appreciate that the Court of Appeal is the HQ of matters procedural.
2. My reading of THEVARAJAH is that relief would not have been justified even on the old soft touch approach let alone the new one.
3.Were it to go to the Supreme Court waiting with open arms and open minds would be Lord Neuberger , the biggest fan of Sir Rupert, and Lord Clarke who , err , appointed Jackson and handed him a flame thrower to sort out the bloody mess.Looks promising , eh ?
