'Super injunctions' under scrutiny amid Carter-Ruck media storm
The Ministry of Justice has confirmed that Justice Secretary Jack Straw is conducting a review of 'super injunctions' in the wake of the media frenzy prompted earlier this week by Carter-Ruck's attempts to prevent the press from reporting Parliamentary proceedings. Carter-Ruck attempted to block The Guardian from reporting an MP's question about an injunction obtained by the law firm on behalf of its client Trafigura. The injunction banned coverage of a confidential report on oil company Trafigura - which recently reached a settlement with claimants after being accused of dumping toxic waste off the Ivory Coast - and of the existence of the injunction itself.
October 16, 2009 at 11:23 AM
2 minute read
The Ministry of Justice has confirmed that Justice Secretary Jack Straw is conducting a review of 'super injunctions' in the wake of the media frenzy prompted earlier this week by Carter-Ruck's attempts to prevent the press from reporting Parliamentary proceedings.
Carter-Ruck attempted to block The Guardian from reporting an MP's question about an injunction obtained by the law firm on behalf of its client Trafigura. The injunction banned coverage of a confidential report on oil company Trafigura – which recently reached a settlement with claimants after being accused of dumping toxic waste off the Ivory Coast – and of the existence of the injunction itself.
However the gagging order was lifted after a flurry of internet activity over the course of this week, with many of the details, including the name of the MP raising the question, Paul Farrelly, revealed online on sites such as Twitter.
A Ministry of Justice spokesperson said: "As the Prime Minister said in Parliament on Wednesday, the Justice Secretary has been asked to look into this issue. Key stakeholders are being consulted and a further statement will be made as soon as possible."
The case raises serious questions about the freedom of the press in the UK.
Finers Stephens Innocent media and intellectual property partner Mark Stephens told Legal Week: "What you have got is somebody saying that a super-injunction is a good way to protect a client. I think they are wrong – one, as a general principle and two, people have not understood that if you get an injunction it is likely that the blogosphere will take an interest. What has happened is that a minor abrasion for Trafigura has been turned into a seeping, pustulating wound."
Conservative MP Peter Bottomley has reportedly threatened to report Carter-Ruck to the Solicitors Regulatory Authority (SRA) although the SRA confirmed that it has not yet received any official complaint.
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