Pyjama injunctions

Last updated

The nickname "Pyjama" injunctions is given to English legal injunctions that are decided late at night. The injunctions are used to provide a decision where expediency is required.

The interim decision of judges on the European Court of Human Rights (ECHR) regarding the legality of deportation flights by the United Kingdom to Rwanda as part of their Rwanda asylum plan have been described as 'pyjama injunctions'. [1] The ECHR injunctions are formally called "Rule 39" and can be issued late at night if the Court believes that there is a risk to an individual of "serious and irreversible harm" and all other options have been exhausted that could block the government's actions. [1]

The legal commentator Marcel Berlins wrote that he knew of only one High Court judge that was actually wearing their pyjamas when issuing an injunction. [2] In the early 2000s the late night injunctions were usually sought to prevent the publication by a newspaper of a story seen as damaging to the claimant. [2]

Berlins criticised the ignorance of judges in media law as resulting in their timidity to grant publications of such stories and that it was often down to pure chance whether the judge on duty had experience in the relevant area of law. [2]

Related Research Articles

<span class="mw-page-title-main">European Convention on Human Rights</span> International treaty to protect human rights and fundamental freedoms in Europe

The European Convention on Human Rights is an international convention to protect human rights and political freedoms in Europe. Drafted in 1950 by the then newly formed Council of Europe, the convention entered into force on 3 September 1953. All Council of Europe member states are party to the convention and new members are expected to ratify the convention at the earliest opportunity.

McDonald's Corporation v Steel & Morris[1997] EWHC 366 (QB), known as "the McLibel case", was an English lawsuit for libel filed by McDonald's Corporation against environmental activists Helen Steel and David Morris over a factsheet critical of the company. Each of two hearings in English courts found some of the leaflet's contested claims to be libellous and others to be true.

<span class="mw-page-title-main">European Court of Human Rights</span> Supranational court established by the Council of Europe

The European Court of Human Rights (ECtHR), also known as the Strasbourg Court, is an international court of the Council of Europe which interprets the European Convention on Human Rights (ECHR). The court hears applications alleging that a contracting state has breached one or more of the human rights enumerated in the convention or its optional protocols to which a member state is a party. The court is based in Strasbourg, France.

Near v. Minnesota, 283 U.S. 697 (1931), was a landmark decision of the US Supreme Court under which prior restraint on publication was found to violate freedom of the press as protected under the First Amendment. This principle was applied to free speech generally in subsequent jurisprudence. The Court ruled that a Minnesota law that targeted publishers of "malicious" or "scandalous" newspapers violated the First Amendment to the United States Constitution. Legal scholar and columnist Anthony Lewis called Near the Court's "first great press case".

<span class="mw-page-title-main">Bosnian genocide</span> Murder of Bosniaks and Bosnian Croats during the Bosnian War

The Bosnian genocide refers to both the Srebrenica massacre and the wider crimes against humanity and ethnic cleansing campaign throughout areas controlled by the Army of Republika Srpska (VRS) during the Bosnian War of 1992–1995. The events in Srebrenica in 1995 included the killing of more than 8000 Bosniak men and boys, as well as the mass expulsion of another 2500030000 Bosniak civilians by VRS units under the command of General Ratko Mladić.

Jehovah's Witnesses believe that God's kingdom is a literal government in heaven, ruled by Jesus Christ and 144,000 "spirit-anointed" Christians drawn from the earth, which they associate with Jesus' reference to a "new covenant". The kingdom is viewed as the means by which God will accomplish his original purpose for the earth, transforming it into a paradise without sickness or death. It is said to have been the focal point of Jesus' ministry on earth. They believe the kingdom was established in heaven in 1914, and that Jehovah's Witnesses serve as the kingdom's representatives on earth.

A stay of proceedings is a ruling by the court in civil and criminal procedure that halts further legal process in a trial or other legal proceeding. The court can subsequently lift the stay and resume proceedings based on events taking place after the stay is ordered. However, a stay is sometimes used as a device to postpone proceedings indefinitely.

<span class="mw-page-title-main">International criminal law</span> Public international law

International criminal law (ICL) is a body of public international law designed to prohibit certain categories of conduct commonly viewed as serious atrocities and to make perpetrators of such conduct criminally accountable for their perpetration. The core crimes under international law are genocide, war crimes, crimes against humanity, and the crime of aggression.

Ballot Measure 58 was a citizen's initiative that was passed by the voters of the U.S. state of Oregon in the November 1998 General Election. The measure restored the right of adopted adults who were born in Oregon to access their original birth certificates. The measure passed with 609,268 votes in favor, 454,122 against. It was immediately challenged by several birth mothers who had put children up for adoption, which delayed instituting the measure for a year and a half.

Sir David Eady is a retired High Court judge in England and Wales. As a judge, he is known for having presided over many high-profile libel and privacy cases.

Article 6 of the European Convention on Human Rights is a provision of the European Convention which protects the right to a fair trial. In criminal law cases and cases to determine civil rights it protects the right to a public hearing before an independent and impartial tribunal within reasonable time, the presumption of innocence, right to silence and other minimum rights for those charged in a criminal case.

Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in developing the common law.

Mosley v United Kingdom [2011] 53 E.H.R.R. 30 was a 2011 decision in the European Court of Human Rights regarding the right to privacy under Article 8 of the European Convention on Human Rights. An application to the court was made by Max Mosley, the former president of the FIA, after his successful breach of confidence legal case against the News of the World. In that case, the court unanimously rejected the proposition that Article 8 required member states of the Council of Europe to legislate to prevent newspapers printing stories regarding individual private lives without first warning the individuals concerned. It instead held that it fell within each state's margin of appreciation to determine whether to legislate on that matter.

The British privacy injunctions controversy began in early 2011, when London-based tabloid newspapers published stories about anonymous celebrities that were intended to flout what are commonly known in English law as super-injunctions, where the claimant could not be named, and carefully omitting details that could not legally be published. In April and May 2011, users of non-UK hosted websites, including the social media website Twitter, began posting material connecting various British celebrities with injunctions relating to a variety of potentially scandalous activities. Details of the alleged activities by those who had taken out the gagging orders were also published in the foreign press, as well as in Scotland, where the injunctions had no legal force.

<i>CTB v News Group Newspapers Ltd</i> UK legal case

CTB 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.

Perinçek v. Switzerland is a 2013 judgment of the European Court of Human Rights concerning public statements by Doğu Perinçek, a Turkish nationalist political activist and member of the Talat Pasha Committee, who was convicted by a Swiss court for publicly denying the Armenian genocide. He was sentenced to 90 days in prison and fined 3000 Swiss francs.

<i>PJS v News Group Newspapers Ltd</i> UK legal case

PJS v News Group Newspapers Ltd [2016] UKSC 26 is a UK constitutional law case in which an anonymised privacy injunction was obtained by a claimant, identified in court documents as "PJS", to prohibit publication of the details of a sexual encounter between him and two other people. Media outside England and Wales identified PJS as David Furnish.

<span class="mw-page-title-main">Rwanda asylum plan</span> British immigration policy

The Rwanda asylum plan is an immigration policy first proposed by the British government in April 2022 whereby people whom the United Kingdom identified as illegal immigrants or asylum seekers would have been relocated to Rwanda for processing, asylum and resettlement. Those who were successful in claiming asylum would have remained in Rwanda, and they would not have been permitted to return to the United Kingdom.

<span class="mw-page-title-main">Safety of Rwanda (Asylum and Immigration) Act 2024</span> Act of the Parliament of the United Kingdom

The Safety of Rwanda Act 2024 is an act of the Parliament of the United Kingdom.

References

  1. 1 2 McDonald, Andrew (17 January 2024). "Pajama drama! How European judges' 'pyjama injunctions' are tearing Britain's Tories apart". Politico magazine . Archived from the original on 17 January 2024. Retrieved 20 January 2024.
  2. 1 2 3 Berlins, Marcel (3 July 2000). "Beware judges in pyjamas". The Guardian . Archived from the original on 17 January 2024. Retrieved 20 January 2024.