It’s been fun to see the Daily Mail getting into a tizzy about “judge-made laws” in the superinjunction brouhaha. But they have got a point – I found myself nodding in agreement when they wrote:
It is also wrong for judges to usurp the function of our elected representatives by effectively writing a privacy law of their own.
I agree, its a worrying sign when the judges invent new laws out of thin air. I’m looking forward to the Mail’s editorial condemning Torquay Hotel Co Ltd v Cousins (1969) and the Taff Vale Case (1901).