Thursday, December 30, 2010

Christmas Tidings

Learned friends,

Whatever your religious beliefs and views on the evils of codified law, Christmas is a time for:

a) Gathering around the Nordic Yule goat and observing traditional Episcopalian Christmas practice by singing songs of praise to Jesus Christ like "Good King Wenceslas" and "Whence Is That Lovely Fragrance Wafting";

b) Sitting down with your family and reading aloud the dissenting judgment of Lord Justice Denning (as he then was) in Candler v Crane, Christmas & Co [1951] 2 KB 164 where he bravely held that a relationship enlivening a duty of care to future investors must be one where the relevant accountant or auditor preparing the accounts was aware of the particular person and intended use of the accounts being prepared; and

c) Getting heavily inebriated at Breakfast and appearing in the Waverly Local Court dressed as Santa Clause while announcing your appearance as celebrity raconteur and barrister Mark “Touchdown” Holden.

Truly a glorious time of year!

Along with those time-honoured rituals, like so many hard-working Australians, this year I will spend midnight on each of the 12 nights of Christmas reciting the last 60 pages of Ben Affleck's screen play for the Christmas classic “Reindeer Games” on the steps of the Downing Centre. I find these public recitations are more than just an important social good, they are a great time for reflection on the year that’s been. 2010 was a tumultuous year for yours truly; from the bitter lows of my unlucky (and possibly unconstitutional) loss in Eden Monaro and the continued silence in the mainstream media about my failure to be elevated to the High Court to the highest of professional highs, beating Jonathan Sumption QC in a best-of-three-real-tennis-sets match at my local jeu de paume club and successfully avoiding the inland revenue for yet another year. Indeed a time to remember!

I hope that you also had a successful year on your path to lawmanship.

To you and yours, seasons greetings and all the best for a happy, healthy and jurisprudentially conservative 2011.

Your obt. svt.,

Bullstrode Whitelocke K.C.

May the road rise up to meet you.

May your harm be reasonably foreseeable.

May the Court registry staff shine warm upon your face,

and complaints about your fees soft upon your ears.

And until we meet again,

May Denning MR hold you in the palm of His hand.

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