The term "super-injunction" conjures up an image of
something mighty powerful – a superhero amongst court
orders? In simple terms an injunction is a Court order ordering you
to do or not to do something, usually with dire consequences if you
fail to observe it. Injunctions are granted in carefully controlled
circumstances by the High Court. The super-injunction –
as it has become popularly known – is a draconian order
which can stop the reporting of a court case –and even
stop the reporting of the fact that an injunction has been granted
by the Courts at all.
However the "super-injunction" may not be so super after
all. Following concerns expressed by, amongst others, the Culture,
Media and Sports Committee, these powerful orders will now be
reviewed by the Master of the Rolls, Lord Neuberger, alongside
other senior judges, media group representatives and media lawyers
starting on 4 May.
The super-injunction first hit the public consciousness last year
when an order for a super-injunction by oil firm Trafigura
attempted to stop the reporting of questions being asked in
Parliament about the dumping of toxic waste in West Africa,
sparking an intense debate about parliamentary freedom of speech.
The Culture, Media and Sports Committee report states that they
"strongly urge that a way is found to limit the use of
super-injunctions as far as is possible and to make clear that they
are not intended to fetter the fundamental rights of the press to
report the proceedings of Parliament."
The super-injunction even kicked the world of football earlier this
year when John Terry's attempts to super-injunct the reporting
of his affair with the ex-girlfriend of a team-mate eventually fell
foul of the mark amidst much press furore about freedom of the
media. In that case it was felt that Terry's overwhelming
concern in applying for the order was not to upset his sponsors.
Unsurprisingly it was felt that that was not an outcome which the
Court was there to help achieve.
We will be watching developments with keen interest from early
May.
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