Anonymity—Court proceedings—Injunction

Court of Appeal, Civil Division, Neuberger MR, Maurice Kay and Smith LJJ, 31 Jan 2011

There is no general rule that anonymisation is more, or less, likely to result in greater interference with free speech than precluding the publication of more extensive information about the proceedings.

Hugh Tomlinson QC and David Sherbourne (instructed by Berwin Leighton Paisner LLP) for JIH. Gillian Phillips by written representations. Marcus Partington by written representations.

The claimant, JIH, was a well known sportsman who had been in a long-term relationship with a woman, XX. On learning that the defendant newspaper group intended to publish a story that he had had a relationship with another woman, ZZ, JIH sought an order restraining publication of the private information. In addition, he made an application seeking an order, on an interlocutory basis, preventing the publication of the information contained in a “confidential schedule”. JIH’s proceedings were served on seven other media companies, and the application was granted in the