Privacy Injunctions

As we are all aware from various media sources former RBA boss Sir Fred Goodwin has been accused of having an ‘extra-marital affair’ with a senior colleague. Earlier this year a privacy injunction was imposed to prevent the news Group Newspapers (NGN) (publishers of The Sun and News of the World) from publishing the name of the woman (VBN).

The Lawyers from News Group Newspapers asked the Court, Mr Justice Tugendhat earlier this month to lift the privacy injunction imposed earlier this year. Today, that application was heard and the High Court judge refused to lift the Order banning journalists from naming VBN.

Mr Justice Tugendhat said the application by News Group "succeeds in part and fails in part".

"The injunction will be varied to permit disclosure by NGN of the job description of VBN, but not disclosure of her name."

The full terms of the Order giving effect to the variation have yet to be agreed.

Hugh Tomlinson QC, for VBN, said he intended to pursue an appeal over disclosure of the job description and was granted a stay, holding the current position, until June 23 pending an application for permission to the Court of Appeal.

The judge said that the purpose of the existing injunction "is not to keep a secret but to prevent intrusion and distress". He added that it was particularly important that any job description given for VBN should not be so general as to be likely to be understood to refer to persons other than VBN.

The judge stated that he inferred from Sir Fred's evidence that he was content that the court should proceed on the basis that he did have a relationship with VBN, as alleged by The Sun, and had not told any friends or colleagues who would view it with serious disapproval.

He referred to a March witness statement in which Sir Fred said that the nature of the relationship was an "entirely private matter". He went on to say that "I am a private man. I have never discussed my personal life or relationships in public."

He believed that publication of the confidential information would have a "very substantial impact on the way in which friends, colleagues and business contacts relate to me and therefore a serious negative impact on my personal life and career."

The judge said that publication of VBN's name would be a significant intrusion into her private and family life from which she was entitled to be protected.

But, while publication of her job description would lead many people to identify her, and would also be an intrusion into her private and family life, the information was an "important feature" of the story.

Should the name of the women Sir Goodwin had an affair with be made public or should it stay private?

For the full article please follow the attached link.... http://www.independent.co.uk/news/uk/home-news/sir-fred-goodwin-affair-injunction-upheld-2295062.html