Podcast Location:
Download it here [file size: 18.5 MB]
Categories:
Defamation and Reputation Management
Remedies & Enforcement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast is aimed at those interested in getting an insight into the law, procedure and developments concerning the use of super injunctions as a means to protect Article 8 rights. It reviews the nature of a ‘super injunction’, their origins and how the jurisdiction has developed. It addresses the relevant considerations, both practical and procedural when seeking to obtain an injunction of this kind, how long the protection offered by them may last and what the future may hold with an eye to the Leveson Inquiry into press standards.

Outcomes:
After completing the course you will:
  • Understand what a ‘super injunction’ is and the features it shares with other similar but more common orders restricting the reporting of court proceedings;
  • Understand some of the history of the use of ‘super injunctions’ and what concerns have been raised about them;
  • Be aware of the implicit struggle between the right to expression and the right to private life at the heart of current arguments over the further use of ‘super injunctions’;
  • Be aware of the practical difficulties in obtaining a ‘super injunctions’, particularly the difficulty posed in ‘holding the ring’ pending a full hearing;
  • Understand the relevant considerations used by the court when deciding whether to grant a ‘super injunctions’;
  • Understand the relevant procedures to obtain a ‘super injunction’;
  • Be aware of the place of ‘super injunctions’ as part of the on-going Leveson Inquiry into the practices of the press.
Level:
Complex Difficulty: 4 of 5
Classification:
Introduction
Practical Guide
Procedural
Sources and References:
  • Report of the Committee on Super-Injunctions: ‘Super-Injunctions, Anonymised Injunctions and Open Justice’;
  • Ntuli v Donald [2010] EWCA Civ 1276;
  • Cream Holdings Ltd & Ors v Banerjee & Ors [2004] UKHL 44;
  • CPR 25.3(1), 23.4, PD 25A 9.2;
  • JIH v News Group Newspapers Ltd [2011] EWHC Civ 42;
  • POI v Person Known as “Lina” [2011] EWHC 234;
  • MNB v News Group Newspapers Ltd [2011] EWHC 528;
  • Attorney General v Times Newspapers Ltd [1992] 1 AC 191 (‘the Spycatcher’ case);
  • Attorney General v Greater Manchester Newspapers [2001] EWHC 451;
  • Jockey Club v Buffham [2003] Q.B. 462;
  • AMM v HXW [2010] EWHC 2457 (QB);
  • OPQ v BJM & Anor [2011] EWHC 1059 (QB).
Tags:

This podcast with media barrister Robert Deacon of 11 Stone Buildings is about the background to and relevant considerations to obtain a so called 'super injunction', addressing the relevant law, practicality and procedure.

Podcast added: 01/01/12

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