Super-injunctions In English Law
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Super-injunctions In English Law
In English tort law, a super-injunction is a type of injunction that prevents publication of information that is in issue and also prevents the reporting of the fact that the injunction exists at all. The term was coined by a ''Guardian'' journalist covering the 2006 Ivory Coast toxic waste dump controversy that had resulted in Trafigura obtaining a controversial injunction. Due to their very nature media organisations are not able to report who has obtained a super-injunction without being in contempt of court. The term super-injunction has sometimes been used imprecisely in the media to refer to any anonymised privacy injunction preventing publication of private information. Critics of super-injunctions have argued that they stifle free speech, that they are ineffective as they can be breached using the Internet and social media and that the taking out of an injunction can have the unintended consequence of publicising the information more widely, a phenomenon known as the Str ...
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English Tort Law
English tort law concerns the compensation for harm to people's rights to health and safety, a clean environment, property, their economic interests, or their reputations. A "tort" is a wrong in civil, rather than criminal law, that usually requires a payment of money to make up for damage that is caused. Alongside contracts and unjust enrichment, tort law is usually seen as forming one of the three main pillars of the law of obligations. In English law, torts like other civil cases are generally tried in front a judge without a jury. History Following Roman law, the English system has long been based on a closed system of nominate torts, such as trespass, battery and conversion. This is in contrast to continental legal systems, which have since adopted more open systems of tortious liability. There are various categories of tort, which lead back to the system of separate causes of action. The tort of negligence is however increasing in importance over other types of tort, pr ...
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Terry V Persons Unknown
John George Terry (born 7 December 1980) is an English professional football coach and former player who played as a centre-back. He was previously captain of Chelsea, the England national team and Aston Villa. He was most recently the assistant head coach at the latter. Regarded as one of the best defenders in the world at his peak, he is considered to be one of the greatest central defenders of his generation, as well as one of the best English and Premier League defenders ever. Terry was named UEFA Club Defender of the Year in 2005, 2008 and 2009, PFA Players' Player of the Year in 2005, and was included in the FIFPro World XI for five consecutive seasons, from 2005 to 2009. He was also named in the all-star squad for the 2006 FIFA World Cup, the only English player to make the team. Terry is Chelsea's most successful captain. During his 19 years with the club, he led them to five Premier League titles, four FA Cups, three League Cups, one UEFA Europa League and one ...
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Mass Media In England
Mass is an intrinsic property of a body. It was traditionally believed to be related to the quantity of matter in a physical body, until the discovery of the atom and particle physics. It was found that different atoms and different elementary particles, theoretically with the same amount of matter, have nonetheless different masses. Mass in modern physics has multiple definitions which are conceptually distinct, but physically equivalent. Mass can be experimentally defined as a measure of the body's inertia, meaning the resistance to acceleration (change of velocity) when a net force is applied. The object's mass also determines the strength of its gravitational attraction to other bodies. The SI base unit of mass is the kilogram (kg). In physics, mass is not the same as weight, even though mass is often determined by measuring the object's weight using a spring scale, rather than balance scale comparing it directly with known masses. An object on the Moon would weigh le ...
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English Privacy Law
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in devel ...
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Privacy In English Law
Privacy in English law is a rapidly developing area of English law that considers situations where individuals have a legal right to informational privacy - the protection of personal or private information from misuse or unauthorized disclosure. Privacy law is distinct from those laws such as trespass or assault that are designed to protect physical privacy. Such laws are generally considered as part of criminal law or the law of tort. Historically, English common law has recognized no general right or tort of privacy, and offered only limited protection through the doctrine of breach of confidence and a "piecemeal" collection of related legislation on topics like harassment and data protection. The introduction of the Human Rights Act 1998 incorporated into English law the European Convention on Human Rights. Article 8.1 of the ECHR provided an explicit right to respect for a private life. The Convention also requires the judiciary to "have regard" to the Convention in devel ...
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DSMA-Notice
In the United Kingdom, a DSMA-Notice (Defence and Security Media Advisory Notice) is an official request to news editors not to publish or broadcast items on specified subjects for reasons of national security. DSMA-Notices were formerly called a DA-Notice (Defence Advisory Notice), and before that called a Defence Notice (D-Notice) until 1993. A similar system was previously operational in Australia, but has fallen into disuse. United Kingdom In the UK the original D-notice system was introduced in 1912 and run as a voluntary system by a joint committee headed by an Assistant Secretary of the War Office and a representative of the Press Association. Any D-notices or DA-notices are only advisory requests and are not legally enforceable; hence, news editors can choose not to abide by them. However, they are generally complied with by the media. In 1971, all existing D-notices were cancelled and replaced by standing D-notices, which gave general guidance on what might be published ...
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Parliamentary Privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. It is common in countries whose constitutions are based on the Westminster system. Origins In the United Kingdom, it allows members of the House of Lords and House of Commons to speak freely during ordinary parliamentary proceedings without fear of legal action on the grounds of slander, contempt of court or breaching the Official Secrets Act. It also means that members of Parliament cannot be arrested on civil matters for statements made or acts undertaken as an MP within the grounds of the Palace of Westminster, on the condition that such statements or acts occur as part of a ''proceeding in Parliament''—for example, as a question to the Prime Minister in the House of Commons. This allows Members to raise questions or debate ...
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PJS V News Group Newspapers
''PJS v News Group Newspapers Ltd'' 016UKSC 26 is a UK constitutional law case in which an anonymised privacy injunctionThe injunction has been incorrectly referred to as a "super-injunction" in some media reports. Super-injunctions prohibit publication of the fact that an injunction has been obtained. was obtained by a claimant, identified in court documents as "PJS", to prohibit publication of the details of a sexual encounter between him and two other people. Media outside England and Wales identified PJS as David Furnish. In January 2016, PJS applied to the High Court of Justice in London for an injunction to prevent publication of a news story relating to the encounter by ''The Sun on Sunday''. That was declined on the basis that publication would be in the public interest. PJS applied to the Court of Appeal and was successful in overturning the High Court decision. In April 2016, the Court of Appeal ruled that the injunction should be lifted, as the allegations had been pu ...
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MNB V News Group Newspapers
''MNB v News Group Newspapers'' also known as ''Goodwin v News Group Newspapers'' is an English privacy law case in which then banker Fred Goodwin successfully applied for a temporary injunction to prevent '' The Sun'' from publishing details about his private life. The injunction was breached by John Hemming MP in the House of Commons where the case was inaccurately referred to as a super-injunction. Breach of injunction On 10 March 2011, John Hemming, a backbench Liberal Democrat MP, referred in Parliament (under parliamentary privilege) to the supposed existence of "a superinjunction preventing oodwinfrom being identified as a banker". As matters discussed in Parliament can be freely reported by the press, newspapers including ''The Guardian'', ''The Independent'', and ''The Daily Telegraph'', reported that Goodwin had obtained such an injunction, while still remaining unable to explain what information the injunction restricted the publication of. On 19 May 2011, Lord S ...
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CTB V
CTB may refer to: * CTB/McGraw-Hill, a division of the McGraw-Hill Companies * California Testing Bureau, a division of the McGraw-Hill Companies * Catch the Beat, an alternative game mode in Dean "peppy" Herbert's osu! rhythm game * Canadian Tire Bank, the retail deposit-taking and credit card-issuing arm of Canadian Tire Corporation, Limited * '' Catch the bus'', an internet slang for committing suicide * Cement-treated Base, a specific type of soil cement, used as a base * Ceylon Transport Board, the nationalised passenger transport venture in Sri Lanka * Cholera toxin B, a subunit of cholera toxin used for retrograde tracing * Christchurch Transport Board, a defunct municipal public transport operator in Christchurch, New Zealand * City of Thunder Bay, a Canadian town in Ontario * Citybus (Hong Kong), a public bus operator in Hong Kong * Coding tree block, a processing unit of the High Efficiency Video Coding (HEVC) video standard * Commonwealth of The Bahamas * Comprehensiv ...
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WER V REW
''WER v REW'' was an anonymised legal case in which Chris Hutcheson, represented by Hugh Tomlinson, QC, of Schillings, took out an injunction to prevent Popdog Ltd from publishing details regarding his private life, and was heard before Justice Sir Charles Grey in January 2009. Hutcheson – Gordon Ramsay's former business partner and father-in-law – gained an injunction but it was later partially lifted, and ultimately overturned in the Court of Appeal, with Hutcheson being publicly named by the judge. Background Hutcheson had sued anonymously to prevent publication of the material; the interim injunction he received was to run either until after the eventual court hearing, or until a time otherwise determined by the court. In the event, Hutcheson and the publisher reached a mutual compromise: the latter would not print, and the former would drop their suit. The following year, however, News Group Newspapers, wishing to publish the original material in ''The Sun'', applied ...
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Hutcheson V News Group Newspapers Ltd
''WER v REW'' was an anonymised legal case in which Chris Hutcheson, represented by Hugh Tomlinson, QC, of Schillings, took out an injunction to prevent Popdog Ltd from publishing details regarding his private life, and was heard before Justice Sir Charles Grey in January 2009. Hutcheson – Gordon Ramsay's former business partner and father-in-law – gained an injunction but it was later partially lifted, and ultimately overturned in the Court of Appeal, with Hutcheson being publicly named by the judge. Background Hutcheson had sued anonymously to prevent publication of the material; the interim injunction he received was to run either until after the eventual court hearing, or until a time otherwise determined by the court. In the event, Hutcheson and the publisher reached a mutual compromise: the latter would not print, and the former would drop their suit. The following year, however, News Group Newspapers, wishing to publish the original material in ''The Sun'', applied ...
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