A super-injunction has been granted by the Court of Appeal in order to protect the identity of a man working in the entertainment industry who had an extra-martial affair with a colleague.
The father-of-two, who is believed to be an actor but was referred to in the judgement as ETK, sought the restrictive ban on the publication of his name after journalists from the News of the World discovered he had been having an affair with his co-worker, known only as X, in November 2009.
According to the judgement passed at the Court of Appeal, both parties would be known to a "sector of the public", which has prompted decision makers to overturn a ruling by the High Court that would have permitted the story to be published in the newspaper.
Super-injunctions are often sought by famous people and celebrities who would be recognisable in the public domain to protect their identities, such as England football captain John Terry.
Adele Ashton, media lawyer at Russell Jones & Walker, commented: "This is an interesting new development in the approach of the Courts to the rise of so-called 'super injunctions' and will no doubt attract further criticism from the media, which is keen to expose the sordid affairs of well-known individuals and reap the financial rewards that come with such scoops.
"But the Court of Appeal has rightly recognised that public prurience in such matters should not be at the cost of the privacy of those involved, particularly where the affected parties are children.
"This approach has already been adopted within immigration and matrimonial law, and should be welcomed in the field of privacy where the rights of the children are also often under threat through no wrongdoing of their own.
"This is likely to strengthen the position of those seeking privacy injunctions in the future, and that this may allow parents to escape public vilification under the guise of protecting their children is a bitter pill which the media will have to swallow."
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Posted by Cheryl Bennett