When a historic damages claim against Judge Salvatore Vasta for wrongful imprisonment reached the High Court this month, one member of the bench asked what a judge would have to do before he or she could be sued.

“I am not advocating this as a practice,” said Justice Robert Beech-Jones to solicitor-general Stephen Donaghue, KC, “but if a judge came down and punched a counsel and was sued for damages, that would not be in a judicial capacity.”