England and Chelsea captain John Terry lost in his attempts at continuing with an injunction previously granted a week last Friday after the high court overturned a super injunction yesterday.Legally there is no such thing as a superinjuntion but its become known as this following the recent Guardian case with oil trading company Trafigura which prevented the Guardian from reporting a parliamentary question. Under the terms of the injunction, sought and agreed on privacy grounds newspapers were unable to reveal who had applied to stop the story. His Lordship Tugendhat said
“I do not consider that an interim injunction is necessary or proportionate having regard to the level of gravity of the interference with the private life of the applicant that would occur in the event that there is a publication of the fact of the relationship, or that [the applicant] can rely in this case on the interference with the private life of anyone else.”
The News of the World legal manager, said later: “We welcome the decision as a long overdue breath of fresh air and common sense coming out of the privacy courts. Over recent years, there has been more prior restraint on freedom of speech in Britain than in any other democratic country in the world. Gagging orders like the one sought by John Terry have been granted to numerous other footballers and assorted celebrities. Hopefully ths victory by the News of the World will lead to a fundamental reassessment of our ÃÂdraconian privacy laws.”
It follows a long line of cases on privacy and defamation which will inevitably lead to a change in the laws of defamation and libel in the UK.