The transcripts of the official inquiry into the culture, practices and ethics of the press. More…

In which event, of course, there wouldn't be pre-notification, and if there was a challenge, that the newspaper would then be able to use the fact that they had taken the responsible step of getting a second opinion on the issue to mitigate potentially exemplary or aggravated damages.

I'm not trying to punish anybody for not doing it, but I'm trying to underline the risk of publishing without notification.

Alternatively, if you choose not to ask, or to ignore the advice, you're entitled to do that. You might be right, and the judge at the end of the day may say that was perfectly legitimate, and there's nothing wrong with that. But if the judge took the view that, no, actually the advice you received was right, or you should have gone for advice, then I can take that into account as a matter of aggravation.

Now, using all your experience, recognising on my part that the advice you're about to give me is worth exactly what I'm paying for it, which I say before anybody asks is nothing, I would be very interested for your view.

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