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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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