The Law 101: A critique of the injunction ruling for trials in the legal vacation

Acknowledging “the fact”, ignoring the compulsion (page 10) Turning to the long-standing convention or practice of recess sittings, the court explicitly conceded a key factual reality on page 10: "The fact that lawyers and accused persons involved in criminal proceedings in the High Court usually do not undertake hearings during legal vacation ought not to be the reason why an interlocutory injunction ought to be granted against the Chief Justice and stopping the expeditious hearings of cases..." Here, the ruling rightly acknowledges what every active trial lawyer knows to be true: Criminal trials in the High Court are, by settled practice, not undertaken during the legal vacation.

The "independent service provider" assumption (page 9) In dismissing the argument that compelling lawyers to sit during recess infringes on their right to satisfactory working conditions and health under Article 24, the court observed: "For the lawyers they are independent service providers in Court proceedings who are free to plan their leave at any time of the year.