Privacy Injunctions & Super-Injunctions: How to Stop Publication

When someone is about to publish — or has already published — your private information, a privacy injunction may be the most effective remedy available. In urgent cases, injunctions can be obtained within hours. This guide explains the different types of privacy injunctions, the legal tests involved, and what to expect from the process.

Types of Privacy Injunction

There are several categories of injunction used in privacy cases:

• Interim injunction — a temporary order preventing publication until the full trial. This is the most common form and can be obtained urgently, including on a without-notice (ex parte) basis.
• Final injunction — a permanent order made at the conclusion of the trial, preventing the defendant from ever publishing the information.
• Super-injunction — an interim injunction that also prevents reporting of the existence of the injunction itself. These are exceptionally rare and are only granted in extreme circumstances.
• Anonymised injunction — where the claimant's identity is concealed in the court proceedings (e.g., referred to as "ABC" rather than by name). More common than super-injunctions.

The Legal Test for Interim Injunctions

The leading authority is Cream Holdings Ltd v Banerjee [2004] UKHL 44, which established that an interim injunction restraining publication should only be granted where the court is satisfied that the applicant is "likely" to establish at trial that publication should not be allowed. "Likely" means "more likely than not" — a higher threshold than the ordinary American Cyanamid test.

In practice, the court considers:

1. Whether the applicant has a reasonable expectation of privacy
2. Whether the applicant is likely to succeed at trial in establishing that the privacy right outweighs freedom of expression
3. Whether damages would be an adequate remedy (if not, this favours an injunction)
4. Whether the balance of convenience favours granting or refusing the injunction

Obtaining an Urgent Injunction

When publication is imminent, time is critical. The process for obtaining an urgent privacy injunction is:

1. Contact a specialist solicitor immediately — the initial assessment and drafting can often be completed within hours
2. Draft the application — including a witness statement setting out the facts, the private nature of the information, and the urgency
3. Apply to the duty judge — outside court hours, applications can be made to the out-of-hours duty judge by telephone
4. Without-notice hearing — in genuine emergencies, the court can hear the application without notifying the defendant, though this imposes a duty of full and frank disclosure on the applicant
5. Return date — any without-notice injunction will include a return date (typically within days) when the defendant can contest the order

Super-Injunctions: When and How

Super-injunctions attracted enormous public attention following the Neuberger Report (2011). They are now extremely rare and will only be granted where:

• There is a compelling case that publicity about the proceedings would defeat the purpose of the injunction
• The restriction is strictly necessary and proportionate
• There is no less restrictive alternative

In PJS v News Group Newspapers, the Supreme Court noted that a "conventional" anonymised injunction will usually be sufficient to protect the claimant's identity without the more extreme step of a super-injunction.

Costs and Funding

Privacy injunction applications are typically heard in the High Court and can involve significant costs. An urgent without-notice application may cost £10,000–£25,000 in legal fees. A contested return date hearing may add £15,000–£40,000. If the case proceeds to trial, total costs can exceed £100,000.

Funding options include conditional fee agreements (CFAs), damages-based agreements (DBAs), and in some cases, after-the-event (ATE) insurance. See our fees guide for more information.

What Happens If the Injunction Is Breached?

Breach of an injunction is a contempt of court, punishable by imprisonment (up to 2 years), unlimited fines, or seizure of assets. Even third parties who knowingly assist in breaching an injunction can be held in contempt.

Related Reading

Privacy Claims Hub | Misuse of Private Information | Defamation Injunctions