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End of an era

28 October 2010 / Rebecca Cushing
Issue: 7439 / Categories: Features , LexisPSL
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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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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