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28 October 2010 / Rebecca Cushing
Issue: 7439 / Categories: Features , LexisPSL
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End of an era

Has the super-injunction had its day? Rebecca Cushing reports

This year has seen something of a judicial shift in emphasis in the court’s consideration of interim injunctions. Earlier this year concerns were growing that a privacy law was developing via the back door after several decisions led to the granting of super-injunctions to high profile individuals. Such injunctions, although protecting the private and family life of the party involved, fuelled speculation that gagging orders were becoming more frequent at the expense of public interest.

John Terry’s super injunction (or lack of it) temporarily altered that. Despite obtaining a super injunction after learning the News of the World planned to publish a story about his alleged affair, not only was the super part of the injunction subsequently dismissed but so was the injunction itself. Tugendhat J implied that he felt Terry had less of an interest in protecting his privacy than he claimed; rather he was more concerned with protecting his reputation. He thought that the injunction was neither necessary nor proportionate.

Now it

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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