Super-injunctions in English law
Encyclopedia
Super-injunctions in English law refer to a type of injunction in English tort law
that prevent publication of the thing that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a Guardian journalist covering the Trafigula controversy. Due to their very nature media organisations are not able to report who has obtained a superinjunction without being in contempt of court.
There are several ways in which the public can learn of a super-injunction:
English tort law
English tort law concerns civil wrongs, as distinguished from criminal wrongs, in the law of England and Wales. Some wrongs are the concern of the state, and so the police can enforce the law on the wrongdoers in court – in a criminal case...
that prevent publication of the thing that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a Guardian journalist covering the Trafigula controversy. Due to their very nature media organisations are not able to report who has obtained a superinjunction without being in contempt of court.
There are several ways in which the public can learn of a super-injunction:
- When a judge refuses to continue a super-injunction. For example in Christopher Hutcheson (previously known as KGM) v News Group Newspapers and orsChristopher Hutcheson (previously known as KGM) v News Group Newspapers and orsChristopher Hutcheson v News Group Newspapers and ors [2011] EWCA Civ 808 is a 2011 privacy case in which businessman Christopher Hutcheson attempted to prevent The Sun newspaper from publishing the fact that he had fathered two children from an affair using a super-injunction...
[2010] EWHC 3145 an injunction preventing disclosure about a "second family" was initially granted but Justice David Eady refused to continue it. - When Parliamentary privilege is used to reveal an injunction. For example, the Liberal Democrat John Hemming used Parliamentary privilege to reveal the Premiership footballer who obtained an injunction in the case CTB v News Group NewspapersCTB v News Group NewspapersCTB v News Group Newspapers is an English legal case between Manchester United player Ryan Giggs, given the pseudonym CTB, and defendants News Group Newspapers Limited and model Imogen Thomas....
. - When a super-injunction is breached in contempt of court. The case CTB v Twitter Inc, Persons UnknownCTB v Twitter Inc, Persons UnknownCTB v Twitter Inc, Persons Unknown is a legal case between the social networking site Twitter and a premiership footballer 'CTB' in which the footballer is attempting to obtain the details of users who breached a super-injunction using the micro-blogging site....
involves attempts to sue users who retweeted details of superinjunction obtained in CTB v News Group NewspapersCTB v News Group NewspapersCTB v News Group Newspapers is an English legal case between Manchester United player Ryan Giggs, given the pseudonym CTB, and defendants News Group Newspapers Limited and model Imogen Thomas.... - When a super-injunction is reported of somewhere outside of the jurisdiction of English courts. In CTB v News Group NewspapersCTB v News Group NewspapersCTB v News Group Newspapers is an English legal case between Manchester United player Ryan Giggs, given the pseudonym CTB, and defendants News Group Newspapers Limited and model Imogen Thomas....
a Scottish newspaper was able to report the identity of the footballer as an injunction had not been obtained from a Scottish court. Scotland has a separate legal systemScots lawScots law is the legal system of Scotland. It is considered a hybrid or mixed legal system as it traces its roots to a number of different historical sources. With English law and Northern Irish law it forms the legal system of the United Kingdom; it shares with the two other systems some...
to England and WalesEnglish lawEnglish law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
although dicta from the Spycatcher judgment argues the possibility of Scottish newspapers being in contempt of court if they were to breach an 'English' super-injunction - When a person who has taken out a superinjunction volunteers this information For example the unreported case Andrew Marr and anonymous
Known cases involving super-injunctions
- Andrew Marr and anonymous - Andrew MarrAndrew MarrAndrew William Stevenson Marr is a Scottish journalist and political commentator. He edited The Independent for two years until May 1998, and was political editor of BBC News from 2000 until 2005....
revealed the existence of the injunction - Christopher Hutcheson (previously known as KGM) v News Group Newspapers and orsChristopher Hutcheson (previously known as KGM) v News Group Newspapers and orsChristopher Hutcheson v News Group Newspapers and ors [2011] EWCA Civ 808 is a 2011 privacy case in which businessman Christopher Hutcheson attempted to prevent The Sun newspaper from publishing the fact that he had fathered two children from an affair using a super-injunction...
- injunction initially granted but later the courts refused to continue it - WER v REW - Relates to an alleged extra marital relationship
- DFT v TFD
- Ntuli v DonaldNtuli v DonaldNtuli v Donald was a 2010 privacy case involving Take That singer Howard Donald in which the singer attempted to use a privacy injunction to prevent details of a former relationship being made public....
- Fred Goodwin v News Group Newspapers Ltd and VBN [2011] EWHC 1437 and MNB v News Group Newspapers
- NMC v Persons Unknown
- ETK v News Group Newspapers Ltd
- RJW & SJW v The Guardian newspaper & Person or Persons UnknownRJW & SJW v The Guardian newspaper & Person or Persons UnknownRJW & SJW v The Guardian newspaper & Person or Persons Unknown better known as The Trafigula case was the legal action in which Trafigula attempted to use a super-injunction to prevent the press reporting details of toxic waste dumping in the Ivory Coast....
- The Trafigura case
See also
- Interdicts in Scots lawInterdicts in Scots lawInterdicts in Scots law refer to judicial prohibitions issued by a Court of Session or a Sherriff Court. They are the equivilent of injunctions in English law....
- Hyper-injunctions in English lawHyper-injunctions in English lawHyper-injunctions in English law refer to a form of superinjunction that prevents discussion of a topic covered by a superinjunction with Members of Parliament, lawyers or journalists except for the persons own defence lawyers. The term was coined by the Liberal Democrat John Hemming MP....
- Privacy in English lawPrivacy in English lawPrivacy in English law is a rapidly developing area of English law that considers in what situations an individual has a legal right to informational privacy, that is to say the protection of personal information from misuse or unauthorised disclosure. Privacy law is distinct from those laws such...
- Privacy injunctions in English law
- Neuberger CommitteeNeuberger CommitteeThe Neuberger Committee was a committee set up to examine the law and practice surrounding so-called super-injunctions in English law. It reported in May 2011....