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An injunction is a legal and equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court. Counterinjunctions are injunctions that stop or reverse the enforcement of another injunction.
Prior restraint is censorship imposed, usually by a government or institution, on expression, that prohibits particular instances of expression. It is in contrast to censorship which establishes general subject matter restrictions and reviews a particular instance of expression only after the expression has taken place.
A gag order is an order, typically a legal order by a court or government, restricting information or comment from being made public or passed onto any unauthorized third party. The phrase may sometimes be used of a private order by an employer or other institution.
Schillings is an international reputation and privacy consultancy staffed by reputation, privacy and family lawyers, risk consulting, cyber security and intelligence specialists. The company is an Alternative Business Structure (ABS) and regulated and authorised by the United Kingdom's Solicitors Regulation Authority (SRA). It employs 33 lawyers, risk managers and IT security consultants and offers services covering risk consulting, legal services and IT security.
Sir Michael George Tugendhat, styled The Hon. Mr Justice Tugendhat, and called in legal reports Tugendhat J, is a High Court judge in England and Wales. He is the High Court's senior media judge, taking over that role from Mr Justice Eady on 1 October 2010. His appointment was welcomed by some journalists who believed he held "more enlightened beliefs" than his predecessor.
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.
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.
MJN v News Group Newspapers [2011] EWHC 1192 was a 2011 privacy case in English law decided by the High Court of Justice, in which a Premiership footballer obtained an injunction to prevent the publication of the details of an extra-marital affair which the footballer is alleged to have had with the lingerie model Kimberley West.
NEJ v BDZ ([2011] EWHC 1972 is a 2011 High Court case involving issues of privacy in English law.
BBC v Harper Collins (2010) EWHC 2424 was a 2010 case in English law, in which the BBC applied for an injunction to prevent HarperCollins publishing a book by Ben Collins, which was to reveal his identity as the racing driver known as 'The Stig' on the BBC's Top Gear programme.
Goldsmith & anon v BCD [2011] EWHC 674 was a case in English privacy law in which the Conservative politician Zac Goldsmith sought a superinjunction to prevent the publication of private correspondence after his e-mails were hacked. The defendant cannot be named due to an anonymity order.
Hyper-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 person's own defence lawyers. The term was coined by the Liberal Democrat John Hemming MP.
In English tort law, a super-injunction is a type of injunction that prevents publication of information 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 Trafigura controversy. Due to their very nature media organisations are not able to report who has obtained a super-injunction without being in contempt of court. The term super-injunction has sometimes been used imprecisely in the media to refer to any anonymised privacy injunction preventing publication of private information. Critics of super-injunctions have argued that they stifle free speech, that they are ineffective as they can be breached using the Internet and social media and that the taking out of an injunction can have the unintended consequence of publicising the information more widely, a phenomenon known as the Streisand effect.
WER v REW was an anonymised legal case in which Chris Hutcheson, represented by Hugh Tomlinson, QC, of Schillings, took out an injunction to prevent Popdog Ltd from publishing details regarding his private life, and was heard before Justice Sir Charles Grey in January 2009. Hutcheson – Gordon Ramsay's former business partner and father-in-law – gained an injunction but it was later partially lifted, and ultimately overturned in the Court of Appeal, with Hutcheson being publicly named by the judge.
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", in order 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.
In English law an anonymised injunction is, according to the Neuberger Committee, "an interim injunction which restrains a person from publishing information which concerns the applicant and is said to be confidential or private where the names of either or both of the parties to the proceedings are not stated". An anonymised injunction is distinct from a "superinjunction" which also prevents publication that the injunction has been obtained. When reported, anonymised injunctions have case names which hide the identity of one or more parties, for example PJS v News Group Newspapers.
MNB v News Group Newspapers also known as Goodwin v News Group Newspapers is an English privacy law case in which then banker Fred Goodwin successfully applied for a temporary injunction to prevent The Sun from publishing details about his private life. The injunction was breached by John Hemming MP in the House of Commons where the case was inaccurately referred to as a super-injunction.
NMC v Persons Unknown is a 2009 English legal case in which a super-injunction was obtained. The case is cited as an example of a super-injunction in Laura Scaife's Handbook of Social Media Law.
JIH v News Group Newspapers Ltd [2011] EWCA Civ 42 is a 2011 privacy case in the United Kingdom. The case relates to a story that The Sun newspaper wished to publish relating to an alleged affair between the claimant JIH and another person. An anonymity order was granted. The Guardian newspaper state that the individual who sought the injunction in this case is a sportsman.
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