Find a service

T. 0114 276 5555

Simple guide to ‘Super injunctions’

Share this page:

Super injunction must be one of the most over used and perhaps even incorrectly used words in the English Language at the moment.

Keeble Hawson LLPBelow is a quick and clear explanation of what it all actually means from Sarah Burton an Associate in our Litigation and Dispute Resolution Department:

In basic terms an injunction is a court order prohibiting a person from taking a particular action (a prohibitory injunction) or requiring them to take a particular action (a mandatory injunction.)

A ‘super injunction’ is an interim injunction which restrains a person from (i) publishing information which concerns the applicant and is said to be confidential or private and (ii) publicising or informing others of the existence of the order and the proceedings.

This can be distinguished from an anonymised injunction which restrains a person from publishing information which concerns the application and is said to be confidential or private, where the names of either or both of the parties to the proceedings are not stated.

The Committee on Super-Injunctions headed by Lord Neuberger of Abbotsbury, Master of the Rolls, was set up in April 2010 in order to examine issues of concern regarding the perceived growth in the use and application of these super-injunctions following the John Terry case.

The Committee issued its report in May 2011 and included in its conclusions that only two known super-injunctions have been granted to protect information said to be private or confidential and as far as the committee is aware, applicants now rarely apply for such orders and it is even rarer for them to be granted on anything other than an anti-tipping off, short term basis. Two further important matters were clarified:-

1. Super-injunctions and anonymised injunctions can only be granted where they are strictly necessary; and

2. Where they are granted they should be kept under review by the Court and they cannot be granted so as to become in practice permanent.

Share this page:

Get in Touch