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Another super or hyper injunction.

The Mail on Sunday reported, yesterday, about another secret court proceeding. It is probably not a hyper injunction.

This one is a criminal proceeding.

Let us make reference to ECHR:

In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

In particular we don't know which of the exemptions are being used. A judgment has been given for a secret injunction, but the judgment itself is secret.

  • morals,
  • public order or national security in a democratic society,
  • where the interests of juveniles or the protection of the private life of the parties so require,
  • or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.

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