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Super-injunctions in Ireland

  • 08-10-2013 10:02pm
    #1
    Registered Users, Registered Users 2 Posts: 3,115 ✭✭✭


    Is there such a thing as a super-injunction in Ireland?


Comments

  • Registered Users, Registered Users 2 Posts: 7,727 ✭✭✭GerardKeating


    Boom__Boom wrote: »
    Is there such a thing as a super-injunction in Ireland?



    no


  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭NoQuarter


    There could be, its just so super that we dont know about it.


  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    I know of no cases in Ireland involving a super-injunction and considering that the judiciary quickly backed away from them in the UK once they realised what a mistake they had made, I don't believe that we will have them any time soon.


  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    Article 34.1 and a strong load of Kryptonite under and built into the round hall in the Four Courts has meant - not really. Green Hue on Dome - Kryptonite ... No longer Super.


  • Moderators, Science, Health & Environment Moderators Posts: 23,231 Mod ✭✭✭✭godtabh


    Was this an attempt at a super injunction?

    RTE News Link re student who tried to get video banned


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  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    The link won't work on Chrome.

    However, I think I know the story: it's the student wrongfully accused of running out on paying his taxi fare and is currently attempting to force Google, Facebook, etc to remove all references to this from their sites.

    That isn't a super-injunction. A super-injunction has two parts: (i) an order that prevents the disclosure of certain information; and (i) (the super part) an order preventing the parties or the media from mentioning the existence of the injunction.

    This came about because in some cases it was enough to mention that a certain figure public figure had been granted an injunction preventing the publication of certain info and people instantly knew what it was about. It then received more media attention than it would have if they just let the issue lie.

    Super-injunction were an attempt to prevent this effective devaluation of a court order through media scrutiny. However, the speed of modern communication on sites like twitter meant that they were never really effective. That was couple with the fact that there were serious concerns about limiting press freedom. Certain Westminster MP used parliamentary privilege to publicly announce the existence and content of come super-injunctions.

    The Master of the Rolls then issued new guidelines stating that they should be rarely granted. They were a brief and unsuccessful legal venture.


  • Closed Accounts Posts: 21,730 ✭✭✭✭Fred Swanson


    This post has been deleted.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,750 Admin ✭✭✭✭✭hullaballoo


    I've fixed the link above.


  • Closed Accounts Posts: 3,648 ✭✭✭Cody Pomeray


    This post has been deleted.
    Yes. And could be obtained from a judge in his home.

    e.g. s. 45(1) of the Courts (Supplemental Provisions) Act 1961

    see Temple Street Hospital v. CD & EF [2011] IEHC 1 (unreported)


  • Registered Users, Registered Users 2 Posts: 1,529 ✭✭✭234


    I love the story of the judge who heard a heabus corpus application in his living room in the middle of the night and insisted that the front door be left open as justice had to be administered in public. Just in case a random punter wanted to have a look in.


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  • Moderators, Entertainment Moderators, Politics Moderators Posts: 14,535 Mod ✭✭✭✭johnnyskeleton


    234 wrote: »
    I love the story of the judge who heard a heabus corpus application in his living room in the middle of the night and insisted that the front door be left open as justice had to be administered in public. Just in case a random punter wanted to have a look in.

    Proceedings were briefly interrupted when Mrs. Judge came in to ask if any of his friends would like a cup of tea.


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