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anonymity TAKES THAT! Court of appeal lifts super injunction

22 November 2010

Take That star Howard Donald was named as a party to proceedings with Adakini Ntuli with whom he had previously had a relationship.

The High Court granted an injunction against the publication of her story and also granted an anonymity order and an order restraining the reporting of the fact of the proceedings. On appeal, the Court of Appeal continued the substantive injunction but overturned the anonymity and restraining reporting restrictions on the grounds that they were unjustified.

This decision weighs public interest against the right to privacy. But, unlike other competing human rights, the scales are not set fair. “Necessity” was the hurdle to be overcome by Mr Donald. He failed to establish that the mere reporting of the proceedings would be significantly invasive to his private life.

How would we all feel about a newspaper naming us as a party to privacy proceedings which, if unsuccessful, would result in the publication of sexually explicit details of our relationships? I, for one, would feel aggrieved.

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