Who's Afraid of the Limelight? The Trafigura and Terry Super-Injunctions, and the Subsequent Fallout

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Abstract:

This article examines the form and effect of the media law super-injunctions in the cases of Trafigura and Terry. It is submitted that such unwieldy, draconian and disproportionate gagging orders are legally hazardous. The life of the super-injunction in media law looks bleak in the light of judicial and parliamentary criticism and the jurisprudence on Article 6 of the European Convention on Human Rights. This article submits, however, that legislative intervention may not be necessary. The spectacular public relations fallout caused by the two cases should prompt media law practitioners to reconsider whether super-injunctions are the most advisable method to protect their client's interests in the first place.

Document Type: Research Article

DOI: http://dx.doi.org/10.5235/175776310794389337

Publication date: December 1, 2010

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