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    Tuesday, 2 February 2010

    John Terry super-injunction case


    In the wake of the John Terry adultery super-injunction case its time to don one's grubby anorak - however fleetingly - rub hands, and self-immerse in the down and dirty world of... technical law. The transcript of Mr Justice Tugendhat's ruling on the case is available here. There has also been plenty of comment on the super-injunction theme generally (1,2,3,4).

    A few interesting points from the judgment:

    a) Tugendhat explicitly warned the media (see paras 11, 69, 129, 150) not to go further than the judgment allowed in presenting details of the story beyond the basic fact of the relationship. The absence of any threat to publish photographs or sensitive details was important.
    In light of what has come after, was this just the judge whispering in a storm of his own making? How does this plea for restraint sit against the reported auction for Vanessa Perroncel's side of the story (itself just the latest instance of the fine tradition of British cheque-book journalism). Newspapers would be wise to note the judge's closing sentiments:
    the judgment, by placing information in the public domain, does not undermine any remedy in damages Terry (or any one else) may ultimately be found to have against any publisher in respect of matters that may be published about the events to which this judgment relates.

    (b) Very interestingly, Mr Justice Tugendhat appears to be 'equalising up' the threshold test for the award of an interim injunction from the Cream Holdings standard for confidence cases to the higher Bonnard v Perryman standard for defamation cases on the basis that Terry's motivation was primarily protection of the commercial value of his reputation. Even though the formal cause of action said different, because the nub of the case was reputational it was treated in line with libel actions. Given the specific facts of this case, damages would be an adequate remedy at full trial and hence, publish and be damned.

    (c) The case can be seen as just an application of pre-existing principles given the relative weight of the interests at stake, OR a new departure rolling back from what - for some - had become an over-weened concern for Article 8 interests at the expense of freedom of the press. Pay your money, and take your choice.

    2 comments:

    Anonymous said...

    Check out "The Ballad Of John Terry & Wayne Bridge" a great song @ youtube dot com/thisisjohnnyblack

    スタービーチ said...

    新しくなったスタービーチは新しいであいのカタチを提案します★ あなたに出逢いたい人がここにいます

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