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Anonymised Injunctions In English Law
In English law an anonymised injunction is, according to the Neuberger Committee, "an interim injunction which restrains a person from publishing information which concerns the applicant and is said to be confidential or private where the names of either or both of the parties to the proceedings are not stated". An anonymised injunction is distinct from a "superinjunction" which also prevents publication that the injunction has been obtained. When reported, anonymised injunctions have case names which hide the identity of one or more parties, for example ''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 pub ...''. References English privacy law {{England-law-stub ...
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English Law
English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of '' stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common la ...
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Neuberger Committee
The Neuberger Committee was a committee set up to examine the law and practice surrounding super-injunctions in English law. It reported in May 2011. References English privacy law 2011 in England Legal history of England {{England-hist-stub ...
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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 Stre ...
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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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