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28 October 2010 / Rebecca Cushing
Issue: 7439 / Categories: Features , LexisPSL
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End of an era

Has the super-injunction had its day? Rebecca Cushing reports

This year has seen something of a judicial shift in emphasis in the court’s consideration of interim injunctions. Earlier this year concerns were growing that a privacy law was developing via the back door after several decisions led to the granting of super-injunctions to high profile individuals. Such injunctions, although protecting the private and family life of the party involved, fuelled speculation that gagging orders were becoming more frequent at the expense of public interest.

John Terry’s super injunction (or lack of it) temporarily altered that. Despite obtaining a super injunction after learning the News of the World planned to publish a story about his alleged affair, not only was the super part of the injunction subsequently dismissed but so was the injunction itself. Tugendhat J implied that he felt Terry had less of an interest in protecting his privacy than he claimed; rather he was more concerned with protecting his reputation. He thought that the injunction was neither necessary nor proportionate.

Now it seems that a new type of order may obviate the

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MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

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