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?

Super-Injunctions: stop the press – it’ll upset the kids!

20 April 2011

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.

Related opinions

Important opportunity to comment on case law precedent

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

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

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.

View blog

Cyber risks – are businesses really ready?

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.

View blog

Wearable security

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.

View blog

Mark Daniels

Mark Daniels

Partner and Head of Business Services

View profile

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up