header-logo header-logo

PJS permanent injunction unlikely

21 April 2016
Issue: 7695 / Categories: Legal News
printer mail-detail

Original injunction correctly granted, but harm has already occurred

The Supreme Court has agreed to hear argument this week on whether the “celebrity threesome” injunction should be lifted. Ruling in PJS v News Group (celebrity injunction) [2016] EWCA Civ 393 this week, Lord Justice Jackson, Lady Justice King and Lord Justice Simon extended the ban on publication by two days to allow the celebrity’s lawyers, Carter-Ruck, time to lodge an application to the Supreme Court.

The injunction was granted to stop the Sun on Sunday publishing a story about a “three-way sexual encounter” between the claimant, PJS, who is married with two children, and two others, AB and CD. The story has been published online, overseas and in Scotland and Ireland.

Jackson LJ said the starting point for the court was that the original injunction was correctly granted. However, he set out seven reasons why PJS was unlikely to obtain a permanent injunction, including that knowledge of the story was now so widespread that “confidentiality has probably been lost”; much of the harm the injunction was intended to prevent had already occurred; whether or not an injunction was granted, it was “inevitable that the two children will in due course learn about these matters”; and the court “should not make orders which are ineffective”.

Amber Melville-Brown, head of Withers’ media & reputation team, says: “Now we can all lawfully revel in the ins and outs of the private sexual life of a celebrity and his partner, while they must endure having their private lives firmly on parade.

“But in fact, we can’t, because reporting restrictions remain while the case goes even higher up the court echelons, on appeal.

“If this case is about a threesome, it is about: first, how to deal with porous national borders vis a vis internet publications; second, the impact of a potentially fatal blow on a major protection for the people versus the press; and finally, the extent to which our courts can operate when the public on social media and elements of the press disrespect the letter and the spirit of the law and, via their publications, effectively tell our judiciary that they don’t give a fig about their considered decisions, under the guise of free speech.”

Issue: 7695 / Categories: Legal News
printer mail-details

MOVERS & SHAKERS

Freeths—Ruth Clare

Freeths—Ruth Clare

National real estate team bolstered by partner hire in Manchester

Farrer & Co—Claire Gordon

Farrer & Co—Claire Gordon

Partner appointed head of family team

mfg Solicitors—Neil Harrison

mfg Solicitors—Neil Harrison

Firm strengthens agriculture and rural affairs team with partner return

NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
back-to-top-scroll