Archive for the 'injunctions' Category

MP granted super-injunction – The Independent

“A serving MP may have taken out a super-injunction preventing details of their activities being exposed, it was disclosed today (5 May).”

Full story

The Independent, 5th May 2011

Source: www.independent.co.uk

Chef wins gagging order to suppress tribunal details – Daily Telegraph

“An internationally renowned chef has won a gagging order preventing publication of a legal wrangle with two former employees.”

Full story

Daily Telegraph, 4th May 2011

Source: www.telegraph.co.uk

Child’s right to privacy in danger if redacted documents were publishable, court says – OUT-LAW.com

“Redacted information in a document that can be easily deciphered and contains personal information about a child should be prevented from being published in the media, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 4th May 2011

Source: www.out-law.com

When blank blank wants a super-injunction, who does he call? – The Independent

“Richard Spearman and Hugh Tomlinson are the go-to barristers for gagging orders. Andy McSmith profiles the pair who between them are rewriting Britain’s privacy laws.”

Full story

The Independent, 30th April 2011

Source: www.independent.co.uk

Fred Goodwin’s superinjunction text to be studied by MPs – The Guardian

“The text of the superinjunction obtained by the banker Sir Fred Goodwin has been handed to the Treasury select committee so that MPs can examine whether it raises public interest issues.”

Full story

The Guardian, 27th April 2011

Source: www.guardian.co.uk

Women to blame for rise in injunctions, says leading lawyer – Daily Telegraph

“Baroness Deech, one of Britain’s leading lawyers, says she is ashamed of the ‘kiss and tell women’ at the centre of most superinjunctions.”

Full story

Daily Telegraph, 26th April 2011

Source: www.telegraph.co.uk

Superinjunctions, injunctions and privacy laws around the world – The Guardian

“The rules on privacy depend not just on whether a claimant is a wealthy footballer with a crack legal team to hand but also on the country where the alleged intrusion has taken place.”

Full story

The Guardian, 26th April 2011

Source: www.guardian.co.uk

New superinjunctions row as MP speaks out – The Guardian

“Lib Dem told discussion about specific injunction could only take place in private due to sub judice rules.”

Full story

The Guardian, 26th April 2011

Source: www.guardian.co.uk

Calls for Ministry of Justice to reveal number of gagging orders – Daily Telegraph

“A senior MP has demanded the Ministry of Justice reveals how many gagging orders have been granted by the courts amid growing concern that they are becoming too widespread.”

Full story

Daily Telegraph, 22nd April 2011

Source: www.telegraph.co.uk

Privacy law should be made by MPs, not judges, says David Cameron – The Guardian

“The prime minister has waded into the debate on the use of superinjunctions by the rich and famous to avoid allegations of scandal, declaring that parliament and not the courts should decide where the right to privacy begins.”

Full story

The Guardian, 21st April 2011

Source: www.guardian.co.uk

ETK v News Group Newspapers Ltd – WLR Daily

ETK v News Group Newspapers Ltd[2011] EWCA Civ 439; [2011] WLR (D) 141

“The principles applicable to the grant of an interim injunction restraining publication of private information were well established, but in appropriate cases the court’s approach was to be tempered by a clearer acknowledgment of the importance of the best interests of children.”

WLR Daily, 19th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Have super-injunctions killed the kiss’n’tell? – The Guardian

“For the best part of half a century, kiss’n’tell stories have been guaranteed sales-winners for popular newspapers. The earliest examples – Christine Keeler and Diana Dors spring to mind – were tame stuff compared with their modern equivalents.”

Full story

The Guardian, 20th April 2011

Source: www.guardian.co.uk

Challenge to ban on sex parties in London mansion fails – BBC News

“A man has failed in his bid to overturn a ban on holding events including sex parties at his London mansion.”

Full story

BBC News, 20th April 2011

Source: www.bbc.co.uk

New breed of gagging order could send journalists to jail, MP claims – The Guardian

“An MP who is launching an inquiry into excessive and possibly unlawful court secrecy says a new type of gagging order is hampering the work of investigative journalists.”

Full story

The Guardian, 17th April 2011

Source: www.guardian.co.uk

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs – WLR Daily

Regina (Maftah and another) v Secretary of State for the Foreign Office and Commonwealth Affairs [2011] EWCA Civ 350;  [2011] WLR (D)  135

“The determination of a claim for judicial review challenging decisions whereby the claimants were placed, as persons believed to be associated with terrorism, on a list the effect of which was that their assets were frozen and release of any funds was placed in the discretion of the state, would not involve the determination of the claimants’ ‘civil rights’ for the purposes of article 6 of the Convention for the Protection of Human Rights and Fundamental Freedoms, as scheduled to the Human Rights Act 1998.”

WLR Daily, 13th April 2011

Source: www.iclr.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Leading actor’s gagging order over affair with Rooney prostitute – Daily Telegraph

“A leading actor granted a gagging order by a judge was trying to prevent the public discovering he had cheated on his wife with a prostitute, Helen Wood, whose clients include Wayne Rooney.”

Full story

Daily Telegraph, 14th April 2011

Source: www.telegraph.co.uk

Freed man in court secrecy battle – Daily Telegraph

“A businessman cleared of rape was told by social workers that he could not live with his young daughter and was then banned from asking his MP for help.”

Full story

Daily Telegraph, 10th April 2011

Source: www.telegraph.co.uk

#WithoutPrejudice Podcast 3: Libel – Hyperinjunctions – Lautsi v Italy – Expert immunity – Interns – Silk? – Charon QC

“Welcome to the third episode of Without Prejudice: Tonight, I am afraid, I can’t tell you about our guest… in fact, the superinjunction is so harsh, I can neither confirm nor deny the existence of a guest… but…. I can tell you that David Allen Green and Carl Gardner are at the table…. waiting to discuss libel, privacy, hyperinjunctions, Rough Justice – Miscarriages of Justice, The Lautsi v Italy crucifix case, and we may even have time to discuss expert immunity from suit…and interns.”

Podcast

Charon QC, 6th April 2011

Source: www.charonqc.wordpress.com

“Charon QC” is the blogging pseudonym of Mike Semple Piggot, editor of insitelaw newswire.

Ex-director given permanent ban on revealing confidential information – OUT-LAW.com

“A businessman has been ordered never to improperly reveal confidential information belonging to a company where he used to be a director.”

Full story

OUT-LAW.com, 5th April 2011

Source: www.out-law.com

New gagging orders stretch right into the heart of parliament – The Guardian

“The revelation by the Liberal Democrat MP John Hemming of a new breed of ‘hyperinjunction’, which forbids the recipient talking about it to MPs, is one of the most disturbing developments in the contest between legitimate privacy and the need for open justice.”

Full story

The Guardian, 3rd April 2011

Source: www.guardian.co.uk

John Kampfner: The worrying rise of the rich man’s weapon of justice – The Independent

“Just when you think you are over the worst, the forces of secrecy bite back. No sooner had the Government published a draft Defamation Bill, going some way to reversing many of the most hideous aspects of Britain’s libel laws, than the judiciary set a dangerous new precedent.”

Full story

The Independent, 1st April 2011

Source: www.independent.co.uk

Les Laboratoires Servier and another v Apotex Inc and others – WLR Daily

Les Laboratoires Servier and another v Apotex Inc and others [2010] EWHC 730 (Pat); [2011] WLR (D) 111

“The court would not award compensation under a cross-undertaking for the loss sustained by an unlawful business or where the beneficiary of the cross-undertaking had to rely to a substantial extent upon his own illegality in order to establish the loss, provided the unlawfulness was sufficiently serious to engage the ex turpi causa rule. What was sufficiently serious depended on the circumstances of the case, and in particular the state of knowledge of the claimant under the cross-undertaking at the relevant time; but the claimant’s conduct had to be assessed having regard to the fact that the claim was for compensation under a cross-undertaking.”

WLR Daily, 29th March 2011

Source: www.iclr.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Superinjunction scores legal first for nameless financier in libel action – The Guardian

“A wealthy financier involved in a family dispute has made British legal history by winning anonymity in a libel case. This latest court attempt to censor internet material has led to claims that free speech is being further eroded in Britain.”

Full story

The Guardian, 29th March 2011

Source: www.guardian.co.uk

Goldsmith wins high court orders – The Independent

“Tory MP Zac Goldsmith, his ex-wife Sheherazade and sister Jemima Khan have won High Court orders preventing the disclosure of private information, it emerged today.”

Full story

The Independent, 22nd March 2011

Source: www.independent.co.uk

Standard Life Assurance Ltd and another v Topland Col Ltd and others – WLR Daily

Standard Life Assurance Ltd and another v Topland Col Ltd and others [2010] EWHC 1781 (Ch); [2011] WLR (D) 92

“The disclosure of information by a person to the Serious Fraud Office (‘SFO’) pursuant to the latter’s statutory powers under the Criminal Justice Act 1987 did not give rise to any implied undertaking to any court not to use the documents other than for the purposes of a prosecution, actual or potential, or any undertaking to the court not to provide them to any person other than through one of the gateways under section 3 of the Act.”

WLR Daily, judgment reissued 14th March 2011

Source: www.iclr.co.uk

Please note that once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

‘Hyper-injunction’ stops you talking to MP – Daily Telegraph

“Voters are being barred from speaking to their MPs under a new generation of gagging orders known as hyper-injunctions, the House of Commons has been told.”

Full story

Daily Telegraph, 21st March 2011

Source: www.telegraph.co.uk

Super-injunctions here to stay, top judge signals – Daily Telegraph

“Super-injunctions will not be scrapped despite being the worst example of ‘secret justice’ for almost 400 years, the senior judge reviewing them signalled yesterday.”

Full story

Daily Telegraph, 18th March 2011

Source: www.telegraph.co.uk

Anti-war protester Brian Haw loses right to camp outside parliament – The Guardian

“The London mayor has won his latest bid to evict veteran peace campaigner Brian Haw from Parliament Square Gardens.”

Full story

The Guardian, 17th March 2011

Source: www.guardian.co.uk

Open Justice Unbound? – Speech by Lord Neuberger of Abbotsbury

Open Justice Unbound? (PDF)

Speech by Lord Neuberger of Abbotsbury, Master of the Rolls

Judicial Studies Board Annual Lecture, 16th March 2011

Source: www.judiciary.gov.uk

Government refuses to outlaw celebrity gagging orders – The Independent

“Ministers have ruled out reforming Britain’s privacy laws or bringing in new legislation to stop super-injunctions silencing the media, the Justice Secretary Kenneth Clarke said yesterday.”

Full story

The Independent, 16th March 2011

Source: www.independent.co.uk

Sir Fred Goodwin, RBS chief, takes out gagging order – Daily Telegraph

“The existence of the injunction was revealed by John Hemming, a back-bench Liberal Democrat MP, during a business debate in the House of Commons yesterday morning. His comments are protected by parliamentary privilege, which means he cannot face court proceedings for revealing the injunction’s existence.”

Full story

Daily Telegraph, 11th March 2011

Source: www.telegraph.co.uk

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen – WLR Daily

Serco Ltd (t/a Serco Docklands) v National Union of Rail, Maritime and Transport Workers; London and Birmingham Railway Ltd (t/a London Midland) v Associated Society of Locomotive Engineers and Firemen [2011] EWCA Civ 226; [2011] WLR (D) 72

“Where a trade union proposed to take industrial action there was no obligation on the union for the purpose of section 230(2) of the Trade Union and Labour Relations (Consolidation) Act 1992 to explain any more than how the lists and figures of the union membership for the ballot were reached. Therefore, where the employers complained that the ballot records sent to members working in several places of work were not accurate and the union relied on the database records of the union even though there were very minor inaccuracies in them caused by the movement of union members, such errors did not invalidate the strike decision reached by a great majority of the members who voted.”

WLR Daily, 7th March 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Council seeks more ‘gang injunctions’ – The Guardian

“Southwark council, which became the first to obtain a court order against a gang member, is drawing up a list of more suspects.”

Full story

The Guardian, 4th March 2011

Source: www.guardian.co.uk

Tom Hicks wins right to pursue damages over Liverpool sale – The Guardian

“Tom Hicks, the former Liverpool owner, has been given the chance to launch damages claims over the sale of the Premier League club after orders barring action in the United Stated were partially lifted by a high court judge in London.”

Full story

The Guardian, 17th February 2011

Source: www.guardian.co.uk

Edirin Onogeta-Idogun mother jailed over ‘missing’ son – BBC News

“A London woman who sent her teenage son to their native Nigeria because she disapproved of his lifestyle has been jailed for eight months.”

Full story

BBC News, 14th February 2011

Source: www.bbc.co.uk

Construction firm branded ‘complete disgrace’ by high court judge – The Guardian

“CCC, which has history of British political donations, failed to comply with court orders freezing its assets.”

Full story

The Guardian, 2nd February 2011

Source: www.guardian.co.uk

Married TV personality granted gagging order – Daily Telegraph

“A married TV personality has been granted continued anonymity by the High Court in the latest in a long line of privacy cases.”

Full story

Daily Telegraph, 2nd February 2011

Source: www.telegraph.co.uk

Convicted killer Eddie Gilfoyle’s gagging order lifted – BBC News

“A gagging order placed on convicted murderer Eddie Gilfoyle upon his release from jail has been lifted.”

Full story

BBC News, 19th January 2011

Source: www.bbc.co.uk

Max Mosley’s privacy claim reaches the European court of human rights – The Guardian

“Max Mosley will appear in court today in a final attempt to change the law on privacy, in a case that could have far-reaching implications for the UK’s media.”

Full story

The Guardian, 11th January 2011

Source: www.guardian.co.uk

Max Mosley’s privacy campaign reaches Strasbourg – The Guardian

“Max Mosley, the former president of motorsport’s governing body the FIA and winner of a famous privacy victory over the News of the World, goes to the European court of human rights next week to seek a major restraint on press freedom.”

Full story

The Guardian, 4th January 2011

Source: www.guardian.co.uk

Powers to stop gang violence – Home Office

“Gang injunctions’ can be used by police and local authorities from next month, minister James Brokenshire announced today.”

Full press release

Home Office, 16th December 2010

Source: www.homeoffice.gov.uk

JSC BTA Bank v Kythreotis and others – WLR Daily

JSC BTA Bank v Kythreotis and others [2010] EWCA Civ 1436; [2010] WLR (D) 326

“The words ‘his assets’ in the standard form of freezing order in the Commercial Court Guide included assets which the respondent to the order held as a trustee or nominee for a third party.”

WLR Daily, 14th December 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

University goes to court to evict sit-in protesters – The Guardian

“Students staging a sit-in at University College London in protest at a rise in tuition fees could face eviction today after university lawyers sought a court order to eject them.”

Full story

The Guardian, 2nd December 2010

Source: www.guardian.co.uk

Footballer extends gagging order – Daily Telegraph

“A Premier League footballer who risked being unmasked by a High Court judge over details concerning his private life has lodged an eleventh hour appeal preventing himself from being identified.”

Full story

Daily Telegraph, 24th November 2010

Source: www.telegraph.co.uk

Donald v Ntuli – WLR Daily

Donald v Ntuli [2010] EWCA Civ 1276; [2010] WLR (D) 291

“Whether, in view of the principle of open justice, it was necessary for a court to restrain publication of the existence of proceedings and the anonymity of the parties, depended on the facts of the particular case. Restrictions should be the least that could be imposed, consistent with the protection of a party’s right to respect for that party’s private and family life, and whether the continued anonymity was justified by the fact that there might be a significant risk of serious consequences to that right which might not be remediable.”

WLR Daily, 17th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Court lifts Howard Donald superinjunction – The Guardian

“A superinjunction preventing the naming of Take That’s Howard Donald has been lifted by the court of appeal in a case involving a former girlfriend.”

Full story

Read the judgment lifting the superinjunction
(PDF)

The Guardian, 16th November 2010

Source: www.guardian.co.uk

High Court strips injunction celebrity of anonymity – OUT-LAW.com

“The High Court has ordered the identity of a celebrity to be revealed, though it has ordered that information about his private life must remain secret. The celebrity, known in the case as JIH, will be named if an appeal fails.”

Full story

OUT-LAW.com, 8th November 2010

Source: www.out-law.com

Man in 50s ordered to behave in parents’ home – Daily Telegraph

“The High Court yesterday issued the order protecting the elderly couple from their son, but allowing him to stay with them, providing he doesn’t behave unlawfully towards them.”

Full story

Daily Telegraph, 26th October 2010

Source: www.telegraph.co.uk

Judge blocks website’s ‘Solicitors From Hell’ comments about lawyer – The Independent

“A second High Court judge has issued an interim injunction banning the owner of the website Solicitors From Hell from publishing or republishing defamatory material about a lawyer with a London firm.”

Full story

The Independent, 5th October 2010

Source: www.independent.co.uk

Judge reveals reason for Top Gear’s Stig ruling – BBC News

“A judge has explained his decision for refusing to ban a book revealing the identity of Top Gear’s The Stig.”

Full story

BBC News, 4th October 2010

Source: www.bbc.co.uk

Comedian wins legal battle to joke about divorce – Daily Telegraph

“A stand-up comedian is finally allowed to joke about his ex-wife on stage after winning a bitter legal dispute in which she tried to gag him.”

Full story

Daily Telegraph, 1st October 2010

Source: www.telegraph.co.uk

Solicitor wins gagging order in website case – The Independent

“A solicitor who has been the subject of allegedly defamatory postings on a website called Solicitors From Hell won an interim injunction today against the man who runs the operation, ordering him to remove the allegations from the site.”

Full story

The Independent, 23rd September 2010

Source: www.independent.co.uk

Top Roman Catholic school split by legal battle – Daily Telegraph

“Parents of children at Cardinal Vaughan Memorial School, west London, have secured a temporary injunction to stop the Roman Catholic church parachuting in new governors.”

Full story

Daily Telegraph, 15th September 2010

Source: www.telegraph.co.uk

Celebrity gagging orders see privacy cases soar – The Independent

“Celebrities who apply for gagging orders to stop the media from publishing details about their private lives have helped to boost privacy cases by nearly 50 per cent this year, new figures seen by The Independent have shown.”

Full story

The Independent, 8th September 2010

Source: www.independent.co.uk

Libel challenges by actors and sport stars treble in year – Daily Telegraph

“Libel lawsuits brought by stars of showbusiness and sport have trebled in the past year, adding to fears over press freedom.”

Full story

Daily Telegraph, 3rd September 2010

Source: www.telegraph.co.uk


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