“…The approach in Re S was applied in In re British Broadcasting Corporation [2009] UKHL 34; [2010] 1 AC 145 in a different context. The case had its origins in a rape trial in which the trial judge had excluded DNA evidence on which the Crown’s case wholly depended. …”
“…ell at paragraph 59: "judges are not newspaper editors”. He quoted Lord Hope’s remark in paragraph 25 of In Re British Broadcasting Corporation [2009] UKHL 34, [2010] 1 AC 145 to the effect that judges: “are not broadcasting editors either". The judge quoted the remark in the judgment of Baroness Hale and Lord Toulson in O v Rhodes […”