“Super-injunctions” and balancing rights

The recent privacy injunction case of YXB v TNO has re-visited the difficulties of balancing privacy with the right to publish.

In this case, Mrs Justice Laing granted the injunction, mainly because she could not see that in the present culture, there was not sufficient public interest in exposing the conduct of the party concerned.

The court can and will continue to reject injunction applications where the evidence is such that the newspaper’s right to publish is greater than the claimant’s right to privacy