[florasii]

I have to write an essay about super injunctions, but i have no idea what is super-injunction. Can anyone help??

Here's the question goes:

Laws protecting an individual's privacy should not be exploited by rich celebrities to avoid public humiliation and professional damage. Consider the arguments for and against super injunctions, giving relevant examples.

Would anyone assist me??

[buzz123]

I dont know much about them but sounds like its refering to the recent Ryan giggs incidence, so research that as your example.

[tehforum]

You need more than just Ryan Giggs, but that's a good starter. The question says, 'examples' - which is a plural.

[florasii]

But what arguments for and against super injunction should I put inside my essay??

[JustMe29]

You need to do your own homework and figure that out yourself.

I advise looking into the Trafigura/Minton Report super injunction too.

[florasii]

O... Okay. Thanks everyone ! XD

[InnerTemple]

I know this thread is fairly old now but....

Super injunctions were recently in the press so there should be a lot of info about them.

Essentially, an injunction concerning the prohibition of divulging certain information involves a balancing act between privacy (Art 8) and the right of freedom of expression (Art 10).

The court can then attach certain 'extras' onto an injunction - an order for anonymity for example (this is common in family cases.) The court can also order that the whole proceedings be conducted in private (pursuant to CPR rule 39.2) and no report is published. This is what makes a super injunction "super."

I would recommend a read through of the Mosely case: [2008] EWHC 1777 (QB)
as well as cases such as LNS v Persons Unknown (the John Terry case) and DFT v TFD.

There are some good articles out there too. One which gives a good commentary on the state of the law is written by David Eady, called "Injunctions and the protection of privacy" it was in the Civil Justice Quarterly.

[hotelchocolat]

What are the elements when you want to make out a privacy claim? Are we now guided by the Campbell case?

[Norton1]

(Original post by hotelchocolat)
What are the elements when you want to make out a privacy claim? Are we now guided by the Campbell case?

Mosley, Von Hannover (ECHR case) and Axel Springer (another ECHR case) all have some bearing.