The demise of the superinjunction?

Writing in MediaGuardian this morning, Index on Censorship news editor, Padraig Reidy, discusses whether last week’s ruling by Justice Tugendhat in the John Terry case means courts will be less willing to issue super-injunctions.

The increasingly aggressive pursuit of privacy actions is often an attempt to entirely dictate what is published about a person (or in the case of Trafigura, a corporation). Friday’s ruling, combined with Trafigura’s epic failure to suppress information, suggests that courts may be less willing to issue such injunctions in future. And perhaps sensible solicitors will be less willing to seek them.

In another piece, Guardian columnist Marcel Berlins argues that ‘unusual’ elements of Terry’s case affected the Justice Tugendhat’s decision on this occasion:

Perhaps, post-Tugendhat, judges will not grant injunctions quite so readily, but there will be no revolution. And predictions of the demise of the superinjunction have been greatly exaggerated.

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