Obiter Dicta - persuasive argument to signpost the future direction of the application of the rule of law

Well done Sir Anthony Clarke, current Master of the Rolls, and J K Rowling (aka Joanne Murray)

I have not read the Decision yet and consider the ratio decidendi is likely to be very good reading material. When I was in my first year at University I remember being told about the mischief rule, the literal rule and the golden rule - is this one of the "golden" rule decisions.

Rowling wins child privacy case 08/05/08 Daily Mail article by Stephen Howard

Anyway, as this is showing every sign of being a "virtual court blog", in my opinion!!! a virtual obita dicta might look like this:

Use the Joanna Murray case precedent and signpost it to be used within future case precedent relating to child pornography, ie

Computer Misuse Act 1990
Human Rights Act 1998
Proceeds of Crime Act 2002
and possibly Lord Donaldson's two "Nuclear weapons" of the law - maraeva injunction and anton pillar order - if they still exist!

and shut down child pornography sites.

I am also mindful that the UK legal systems uniquely tap into Privy Council decisions as well as having access to the European Court of Justice and the ability to use the national/domestic legal system via article 234 preliminary references via the Treaty of Amsterdam to raise significant questions of law at European level to thereafter feature in the national/domestic legal decisions. Therefore the ability for the potential for the Joanna Murray ratio decidendi to have maximum impact for the protection of children is huge, even if at this stage it is hypothetical.

But then I have no doubt all those right thinking Lord Justices / Mr Justices are already minded in this direction and are away ahead of me!