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Q&A: Injunctions

Why is there a current debate about injunctions?

Injunctions, or court prohibition orders, have always existed. But since the Human Rights Act came into force in 2000, people have started using them to stop publication of material they say infringes their privacy

Who obtains them?

They are usually obtained by the rich and famous: celebrities, sportsmen or others in the public eye

Are they only to protect individuals’ private affairs from being exposed?

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No. In the case of Paul and Rachel Chandler, the couple held for more than a year by Somali pirates, the injunction prevented coverage of the story so as not to put them in danger or jeopardise negotiations over a ransom

Why has there been increasing concern about the use of injunctions?

Because the number granted by judges seems to be on the rise and in many of the cases the media believe that there would be public interest in exposure

What is a superinjunction?

An injunction where even the existence of the injunction cannot be mentioned. No one knows how many there are, by definition. But one estimate has put the figure at 20 in the past 18 months

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Why did these come to public attention?

Through a superinjunction obtained by the oil trading firm Trafigura. The company’s lawyers claimed that the injunction was so far-reaching it even forbade reports of a parliamentary question mentioning it, triggering a furore

What are “hyper-injunctions”?

A new breed of injunction identified by the MP John Hemming, which stops the recipient talking to MPs