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Further to my comment of a few minutes ago I believe there is a flaw in the logic of the initial judgment after all.
The civil courts are not part of the administration of justice. Instead they provide a venue in which two different competing viewpoints can be resolved.
They simply provide a service and should be paid for by the users of the service.
The Courts are completely wrong in applying the principles of justice underpinning the criminal courts to the civil court system.
The judgment makes no practical sense and must be wrong in law.