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It is of course an interesting case but I do wish some of these barristers would recognise the doctrine of precedent – or perhaps their university lecturers did not deal with it!! However experienced a District Judge may be, his or her decisions are never binding precedent. I am sure that the decision in this case was both reasonable and correct but it would need a High Court judge at least to enable the decision to be authoritatively cited.I suggest that if reporting district judge decisions in future, a caveat as to the effect of their judgment is included in the report so no one is misled.
I agree with some of what you say Michael. But this is a blog and not the law reports. I work on the principle that readers are interested in the way that these matters are being interpreted on the ground. The the main function of the blog is to warn people of risks. I am sure that virtually all the readers of the blog are familiar with the doctrine of precedent and that this is not a binding authority. It is, however, unlikely that the construction of this particular rule will ever reach a High Court judge. For the time being this case is all we have on the topic. I will let you know if there is an appeal.