Re: Best of Breed @Tom 13
You are quite correct in your comment that the move to a test of "appreciable" harm is long overdue. The simple "harm" test was far too low, and allowed for rent-seeking behaviour (though it was rarely sought). However, the judge has made a change to the law which he cannot effectively do. The doctrine of precedent applied by by the court system in the UK* means that he has made a decision in the lowest court. There will now be millions of pounds spent** going to the Court of Appeal, and then probably the Supreme Court, at which time the game stops, (the Supreme Court is, well, supreme - there are no appeals after that***), and their decision is the one that that becomes clear law. In some cases, the High Court judge will be criticised by one or both higher courts in their judgments.
History tends to show that judges who show willingness to interpret law are the ones that become Appeal Court judges later in life, so his may not**** be corrupt, but just a judge with ambitions taking the next step to get noticed.
* This is not a devolved issue, and so it is likely to apply across all parts of the UK.
** Assuming StreetMap has the money to do so.
*** Unless one of the players thinks they can get the European Court of Justice involved, but that's a whole different issue.
**** In fact, it probably isn't.
Biting the hand that feeds IT
