Super-injunctions in English law
Super-injunctions in English law refer to a type of injunction in English tort law that prevent publication of the thing 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 Trafigura controversy. Due to their very nature media organisations are not able to report who has obtained a superinjunction without being in contempt of court.
There are several ways in which the public can learn of a super-injunction:
- When a judge refuses to continue a super-injunction. For example in Christopher Hutcheson (previously known as KGM) v News Group Newspapers and ors  EWHC 3145 an injunction preventing disclosure about a "second family" was initially granted but Justice David Eady refused to continue it.
- When Parliamentary privilege is used to reveal an injunction. For example, the Liberal Democrat John Hemming used Parliamentary privilege to reveal the Premiership footballer who obtained an injunction in the case CTB v News Group Newspapers.
- When a super-injunction is breached in contempt of court. The case CTB v Twitter Inc, Persons Unknown involves attempts to sue users who retweeted details of superinjunction obtained in CTB v News Group Newspapers
- When a super-injunction is reported of somewhere outside of the jurisdiction of English courts. In CTB v News Group Newspapers a Scottish newspaper was able to report the identity of the footballer as an injunction had not been obtained from a Scottish court. Scotland has a separate legal system to England and Wales although dicta from the Spycatcher judgment argues the possibility of Scottish newspapers being in contempt of court if they were to breach an 'English' super-injunction
- When a person who has taken out a superinjunction volunteers this information For example the unreported case Andrew Marr and anonymous
Known cases involving super-injunctions
- Andrew Marr and anonymous - Andrew Marr revealed the existence of the injunction
- Christopher Hutcheson (previously known as KGM) v News Group Newspapers and ors - injunction initially granted but later the courts refused to continue it
- John Terry (previously 'LNS') v Persons Unknown
- WER v REW - Relates to an alleged extra marital relationship
- DFT v TFD
- Ntuli v Donald
- Fred Goodwin v News Group Newspapers Ltd and VBN  EWHC 1437 and MNB v News Group Newspapers
- NMC v Persons Unknown
- ETK v News Group Newspapers Ltd
- RJW & SJW v The Guardian newspaper & Person or Persons Unknown - The Trafigura case
- Lowther, Jason, (2011)Q&A Torts 2011-2012, Abingdon: Routledge, p. 171
- Superinjunctions, gagging orders and injunctions: the full list | Siobhain Butterworth & Maya Wolfe-Robinson | Law | guardian.co.uk
- DFT v TFD  EWHC 2335 (QB) (27 September 2010)
- ETK v News Group Newspapers Ltd.  EWCA Civ 439 (19 April 2011)