Monthly Archives: June 2011

Twit, twittle, twit. The long view of e-disclosure

There is a view often expressed that the law is failing to keep up with developments in technology. You only have to read the papers (if anyone still does) or read what people are saying on a myriad of social networking sites of which Facebook and Twitter are the most often quoted.

Occasionally the law comes up against someone who is perceived by some to be a particularly persistent “offender”. That person writes a series of articles, the subject of which then seeks to prevent disclosure of the material. The matter comes to court and then the unexpected (or should I say unintended?) happens. The trial does not go as expected and the whole point of the court case is lost. The person who attempted to prevent disclosure has a considerable amount of egg on his/her face and the information they wished to keep secret is more widely disseminated than they could ever have feared.

Does this sound familiar? If so, you are probably thinking footballers playing away, super injunctions and tabloids screaming with names, pictures and luridly illustrated stories.

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Old Macdonald had a farm

One of the oldest Cistercian monasteries in Europe, founded in 1118, by St Bernard, sits in a marshy valley near the small town of Montbard in Burgundy. It was here in the medicine garden of Fontenay Abbey that I found myself on a gloriously sunny day at the end of last month. I must confess that despite the glorious setting and the outstanding architecture of the ancient church and monastic dormitory with its original wooden ceiling, my immediate thoughts were elsewhere. My return journey to the little hamlet where I was staying, with its 16th century bridge over the river Armancon alongside the Burgundy canal,  would take me via the village of Epoisses famous for its exquisite cheese. If I am honest I was looking forward to a little light collation and an accompanying glass of chilled Chablis to keep me going during the afternoon.

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