The defendant sought the discharge of a super-injunction, an order against not only the identification of the parties, but also the existence of the proceedings.
Held: The order preventing publication of the underlying allegations remained, but the order was lifted to remove the limitation on identification of the parties, and the existence of the proceedings. The defendant had proposed to make public details of her relationship with the claimant member of a boy band.
Maurice Kay LJ said that when deciding whether, and if so to what extent, to impose reporting restrictions in relation to legal proceedings, ‘as part of its consideration of all the circumstances of a case, a court will have regard to the respective and sometimes competing Convention rights of the parties.’ He went on to say: ‘This is an essentially case-sensitive subject. Plainly [the claimant] is entitled to expect that the court will adopt procedures which ensure that any ultimate vindication of his Article 8 case is not undermined by the way in which the court has processed the interim applications and the trial itself. On the other hand, the principle of open justice requires that any restrictions are the least that can be imposed consistent with the protection to which [the claimant] is entitled.’
Judges:
Neuberger MR, Maurice Kay VP, Seldley LLJ
Citations:
[2010] EWCA Civ 1276, [2011] 1 WLR 294, [2011] CP Rep 13, [2011] EMLR 10
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Campbell v Mirror Group Newspapers Ltd (MGN) (No 1) HL 6-May-2004
The claimant appealed against the denial of her claim that the defendant had infringed her right to respect for her private life. She was a model who had proclaimed publicly that she did not take drugs, but the defendant had published a story . .
Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004
Inherent High Court power may restrain Publicity
The claimant child’s mother was to be tried for the murder of his brother by poisoning with salt. It was feared that the publicity which would normally attend a trial, would be damaging to S, and an application was made for reporting restrictions to . .
Cited by:
Cited – JIH v News Group Newspapers Ltd CA 31-Jan-2011
Principles on Request for Anonymity Order
The defendant appealed against an order granting the anonymisation of the proceeedings.
Held: The critical question is whether there is sufficient general public interest in publishing a report of proceedings which identifies a party by name, . .
Cited – Goldsmith and Another v BCD QBD 22-Mar-2011
The claimants sought damages, alleging that the defendants had hacked into their e-mail accounts. The defendant now sought protection of her identity through anonymisation of the case.
Held: Granted. . .
Cited – CTB v News Group Newspapers Ltd and Another (1) QBD 16-May-2011
A leading footballer had obtained an injunction restraining the defendants from publishing his identity and allegations of sexual misconduct. The claimant said that she had demanded money not to go public.
Held: It had not been suggested that . .
Cited – Goodwin v NGN Ltd and VBN QBD 9-Jun-2011
The claimant had obtained an injunction preventing publication of his name and that of his coworker with whom he had had an affair. After widespread publication of his name elsewhere, the defendant had secured the discharge of the order as regards . .
Cited – McClaren v News Group Newspapers Ltd QBD 5-Sep-2012
The claimant had obtained an interim injunction to restrain the defendant publishing what he said was private information about a sexual encounter. He also sought an injunction under the 1997 Act.
Held: The claim succeeded: ‘there have been . .
Cited – NNN v Ryan and Others QBD 20-Mar-2013
The Court gave its reasons for requiring the delivery up of materials said to be confidential and making an order for anonymity, finding that the claimant had been blackmailed. . .
Lists of cited by and citing cases may be incomplete.
Litigation Practice, Media
Updated: 26 August 2022; Ref: scu.425955