0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

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.

Related opinions

Insolvency applicants: getting the basics right

A number of interesting developments have emerged from what was quite a run-of-the-mill insolvency application brought by a litigation funder assignee.

View blog

Moratoriums

The new Part A1 moratorium was introduced partly in response to the Covid-19 pandemic and its impact on businesses. The moratorium is not intended to be used to simply delay the inevitable insolvency of a company, but rather to allow breathing space for that company to restructure and/or achieve an effective rescue.

View blog

Covid-19 insolvency measures extension

From 26 March 2021 the Corporate Insolvency and Governance Act 2020 (Coronavirus) (Extension of the Relevant Period) Regulations 2021 will come into force with the effect of extending several of the temporary measures brought in by the Corporate Insolvency and Governance Act 2020 (CIGA).

View blog

Covid, claims and the courts

The Ministry of Justice has recently released its civil justice statistics for the period October to December 2020. These statistics show an overall significant downward trend in claim activity compared to pre-Covid times.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up