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The hydra grows another head

07 November 2025 / Sailesh Mehta , Theo Burges
Issue: 8138 / Categories: Features , Criminal , National security , Media , Data protection , Privacy
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The Afghan leak super-injunction highlights the growing body of national security law spanning ever-increasing areas of practice, write Sailesh Mehta & Theo Burges
  • The increasing volume of national security cases and legal matters involving national security reflects heightened global and domestic concerns.
  • The diverse nature of national security work means a wide range of responsibilities and disciplines are involved, from intelligence and cybersecurity to counterterrorism and enforcement.
  • The evolving national security legal framework is adapting to new threats, technologies and geopolitical shifts.

In July of this year, Mr Justice Chamberlain discharged a super-injunction designed to prevent the reporting of a 2022 leak which put the lives of Afghans who co-operated with the UK in Afghanistan and their families at risk. In August, astoundingly, there was a further data breach in relation to British engagement in Afghanistan. The injunction was primarily granted due to concerns regarding threats to the lives of those connected to the leak, but it also later became clear

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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