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Another privacy super-injunction has been granted by the Court of Appeal, this time in respect of story concerning a married man within the entertainment industry (known as ‘ETK’), who had an affair with a married female colleague (known as ‘X’).
The Court of Appeal, overturning the High Court decision, found that it had erred when carrying out the “ultimate balancing test” between the right to privacy and freedom of expression. The lower court had not sufficiently taken into account the rights of X or ETK’s wife and importantly ETK’s teenage children.
This decision will anger the press, but it is clear that where children’s rights are at stake, courts will be quicker to gag the publisher. Of course, celebrities will now drag their children into the equation at every opportunity – it does seem harsh that they will now use their children’s distress at what they have done, as a means to obtaining their injunctions.
The UK government is considering extending this power to depart from retained EU case law to additional lower courts and tribunals, namely the Court of Appeal in England and Wales and the High Court of Justice in England and Wales and their equivalents.
View blog
Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.
The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.
How secure is your fitness tracker? (Not to mention your smartwatch, sleep tracker, smart shoe insoles and wearable Bluetooth keyboard). It’s something that many of us give little thought to, but perhaps we should be more concerned.
Partner and Head of Business Services
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