BLOG: After the Guardian and Carter Ruck's showdown, Philip Gray writes on how the internet is catching up with injunctions

THIS story caught my eye yesterday and from a libel lawyer's point of view it is a very interesting case in view of the role played by Twitter.
In my opinion, it is the impact of Twitter and that of blogs and other social media which is of real note here as it unquestionably changed the nature of the case.
Jon asks whether we have we reached a stage where technology has overtaken the legal process?
I think there is that possibility, if only at present, in relation to the law on injunctions on the media (otherwise known as "gagging orders"), which are granted by the courts to prevent the publication of a story within the UK.
The number and readership of websites and transnational news feeds is now huge and gives the judiciary new questions to consider when deciding whether to grant an injunction.
Injunctions are awarded at the discretion of the courts. One of the main factors considered is whether an injunction, if awarded, will actually achieve its aim.
This is summed up by the principle that the courts will not grant an injunction in vain i.e. where the injunction would have no practical affect.
It will be very interesting to see how the courts deal with applications for injunctions in the future particularly where the issues involved are of global reporting interest and potentially out of reach of our courts.
* Philip Gray is a solicitor with Kirwans
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This is an interesting subject. I believe courts will still issue gagging orders and UK based company's will honour these orders. The rest of the world will discuss the issue and scandalize us as usual.
This is what has happened in the past with the informationally deficient not been aware of what was going on in the country!