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    Wednesday, 21 October 2009

    Anatomised injunction: Guardian publishes Trafigura order with notes


    The Guardian has published the order which was at the heart of the recent 'super-injunction' story, along with notes explaining various of its components. It also has a range of pages dedicated to offering its take on the matter.

    The Lord Chief Justice, Lord Judge, has also commented on the use of super-injunctions, noting that their use should be sparing, but that there is a continuing justification for them in some circumstances. This is obviously correct. Despite the wails of band-wagonners, sometimes disclosure of the fact that an interim hearing has occurred and that an injunction has been imposed would allow observers to put two and two together so as to guess at the nature of the injuncted information. Disclosure of the fact of the injunction would defeat the purpose for which it had been imposed. That's not to say the courts should perpetuate their use willy-nilly.

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