Key Takeaways
- A super injunction in UK law prevents both the publication of certain information and the reporting that the injunction itself exists.
- The key difference between a super injunction and a regular injunction is that a super injunction imposes strict confidentiality on the very fact of legal proceedings.
- Only the High Court can grant a super injunction, with applicants required to meet stringent legal tests of necessity, proportionality, and the risk of serious harm.
- Super injunctions are most commonly used in cases involving breaches of privacy, confidential business information, or where there is a risk of significant reputational damage.
- Failing to act quickly may mean the private or damaging information is widely reported, making it virtually impossible to regain control.
- Super injunctions are typically reserved for exceptional circumstances and are often time-limited, subject to review by the court.
- Anyone, including businesses and individuals, can apply for a super injunction if they meet the strict legal criteria.
- Notable high-profile examples include cases where famous individuals or corporations have sought to prevent intrusive press coverage.
- Courts can lift or challenge a super injunction if circumstances change or new facts come to light.
- Our firm is rated Excellent on Trustpilot with over 130 five-star reviews and a 4.9/5 rating from satisfied clients.
Need urgent legal protection for your reputation or confidential business information? Book a Free Consultation or call our expert team on 0207 459 4037.
What Is a Super Injunction in UK Law and How Does It Differ From a Standard Injunction?
A super injunction is a rare and powerful form of court order in England & Wales. It not only blocks publication of confidential information but also restrains anyone, including the press, from disclosing that the injunction exists at all. Standard injunctions, on the other hand, typically only prohibit the disclosure of specified information, while their existence can still be reported.
The High Court is the only court with authority to grant a super injunction. Applicants must demonstrate necessity, proportionality, and a real risk of serious harm if both the information and the existence of proceedings are not kept secret.
For businesses or individuals facing the imminent risk of unauthorised disclosures or harmful press coverage, understanding the full protective scope of a super injunction is essential. Our solicitors can advise swiftly if you need urgent legal intervention to safeguard your interests.
What Is a Super Injunction in UK Law and Why Is It So Secretive?
Super injunctions are specialist court orders that prevent the publication of certain information and, crucially, ban any reference to the injunction’s existence. This unique dual secrecy is designed for cases of exceptionally grave risk—such as blackmail, extortion, or severe reputational threats—where ordinary injunctions would not provide enough protection.
The press, bloggers, and social media outlets must not even hint at the legal proceedings or court application. Any breach risks contempt of court penalties, including heavy fines or, in some cases, imprisonment.
Super injunctions often originate in private hearings, with anonymised case names and urgent service on all relevant parties to maintain strict secrecy from the moment they are granted.
How Does a Super Injunction Differ From a Regular Injunction?
The key distinction lies in what each order conceals, as well as the scale of protection:
- Super injunction: Bars both dissemination of the confidential information and any mention that a court order exists. The legal process itself is kept entirely secret.
- Anonymised injunction: Protects the names of parties, making them anonymous in court documents (such as “AB v XYZ”), but permits reporting that an injunction exists and describing the general circumstances.
- Standard injunction: Prevents publication of certain facts or materials, but does not ban references to the proceedings themselves or the existence of the injunction.
No other order blocks both the information and any reporting of the court’s involvement. This is why these injunctions are rare, reserved for only the most critical cases.
Who Can Apply for a Super Injunction in England & Wales?
Any individual or entity facing an imminent and catastrophic disclosure of information can apply for a super injunction. This right is not limited to celebrities or public figures. Entities frequently applying include:
- Individuals at risk of serious distress, blackmail, or reputational damage.
- Companies looking to prevent the leak of trade secrets, commercially sensitive negotiations, or personal data.
- Charities or organisations seeking to protect vulnerable parties.
- Relatives or business partners associated with the primary risk.
Applicants must show that no lesser legal remedy will protect their privacy or commercial interest and that extremely urgent action is warranted.
What Are the Strict Legal Criteria for Getting a Super Injunction?
Courts set a high threshold for granting super injunctions. The applicant must show:
- Necessity: Only a super injunction will provide sufficient protection; less restrictive remedies (like regular injunctions) are inadequate.
- Proportionality: The claimant’s right to privacy (Article 8, ECHR, enacted by the Human Rights Act 1998) must clearly outweigh the press’s right to free expression (Article 10, ECHR).
- Serious and Immediate Harm: Evidence of exceptional risk—such as financial disaster, blackmail, or significant reputational harm.
- Compliance With Court Rules: The application must adhere to CPR Part 25 and the 2012 Practice Guidance on Interim Non-Disclosure Orders, requiring full and frank disclosure of all material facts.
The High Court will not grant these orders merely to avoid embarrassment or negative publicity; the standard is strict and reviewed regularly.
How to Apply for a Super Injunction: High Court Process Explained
The application process for a super injunction is fast-paced and intricate:
- Claim Form and Statement: Submit detailed documents explaining why both the information and the proceedings must remain confidential. This often includes specifics about financial, reputational, or physical risks.
- Compelling Evidence: Supply clear evidence—such as email threats, business valuations, or expert assessments—proving the urgency and severity of risk.
- Draft Order: Propose the exact restrictions required, including the information to be suppressed and prohibition of any reference to the injunction.
- Application Notice and Anonymity: File in the High Court, often with an additional request for anonymity for all parties involved.
- Private, Urgent Hearing: These cases are usually heard in private (“ex parte”) to avoid tipping off would-be publishers or wrongdoers.
- Swift Service: If granted, the resulting order must be immediately served on media, individuals, or organisations to ensure effective protection.
If you need immediate advice on urgent or emergency injunctions, contact our specialist lawyers for rapid, confidential action.
What Are Some Real Examples of Super Injunction Cases in the UK?
Because secrecy is at their core, most super injunctions are never publicly reported. However, some scenarios and anonymised cases demonstrate their purpose:
- JIH v News Group Newspapers Ltd [2011] EWCA Civ 42: A successful claimant prevented the media from publishing both the disputed information and any reference to the legal proceedings.
- Sports and entertainment figures: Premier League footballers and other public figures have been granted super injunctions to prevent public knowledge of sensitive family or contractual disputes.
- Corporate and financial institutions: Banks have used super injunctions to protect mergers or sensitive transactions, guarding against premature market disclosures.
These cases illustrate the narrow, exceptional usage of super injunctions when other legal measures are not sufficient.
How Long Does a Super Injunction Last and When Can It Be Lifted?
Super injunctions are typically made as interim (temporary) orders pending a later, contested hearing. The initial injunction will specify a “return date”—generally within days or weeks—where both the applicant and any affected party (often including the media) have the opportunity to argue the case further.
- Most super injunctions operate for a short period, to address an urgent threat, but can be extended where necessary.
- Orders can be varied, discharged, or extended on application by any party or following court review.
- If the risk the injunction was designed to prevent no longer exists—such as the information becoming public—the injunction will be lifted.
Ongoing judicial supervision ensures these orders remain balanced and proportionate.
What Laws and Deadlines Apply to Super Injunctions?
Super injunctions sit at the intersection of privacy rights and freedom of expression. The core legal framework includes:
| Law or Rule | Purpose | What It Means for You |
|---|---|---|
| Human Rights Act 1998 (Articles 8 & 10 ECHR) | Protects privacy and freedom of expression | Courts must consider if your right to privacy outweighs any legitimate public interest |
| CPR Part 25 | Governs interim injunction procedure | Ensures applications are urgent, properly supported, and procedurally correct |
| 2012 Practice Guidance | Clarifies processes for non-disclosure orders | Encourages full evidence and high standards for “super” secrecy |
What Do the Courts Say About Super Injunctions?
Leading case law demonstrates that super injunctions are exceptional, with a strict balancing act between privacy and transparency:
| Case | Summary | Outcome | Why It Matters |
|---|---|---|---|
| JIH v News Group Newspapers Ltd [2011] EWCA Civ 42 | Claimant sought to block press reporting of both private facts and the court process | Super injunction upheld where irreparable harm risk was proved | Reinforces courts’ readiness to grant secrecy only in the gravest circumstances |
| Terry v Persons Unknown [2010] EWHC 119 QB | Footballer tried to suppress publication of private conduct and the fact of the order | Court refused: privacy risk did not justify super injunction | Demonstrates that mere embarrassment or reputational risk is not enough |
Courts expect applicants to provide transparent, honest evidence and will refuse “gagging” orders simply to prevent negative stories.
What Are the Risks, Controversies, and Criticisms of Super Injunctions?
Where secrecy is the primary aim, controversy follows. Key risks and issues include:
- Conflict with open justice: Super injunctions run counter to the principle of courts operating transparently.
- Potential abuse: There is concern powerful individuals or corporations could use them to hide wrongdoing rather than genuinely protect private interests.
- Online enforcement limits: Policing social media, websites, and international publications remains extremely difficult.
- Media and public backlash: If secrecy fails or later details emerge, public outrage (and reputational damage) can intensify.
If you are worried about the misuse or overreach of privacy injunctions, our lawyers can advise on proportional, effective alternatives.
Our Winning Approach to Super Injunctions and Confidential Court Orders
Our team specialises in rapid, strategic injunction work. We provide:
- Fixed-fee case reviews, usually within hours of instruction.
- Secure, confidential document sharing through our Go Transfer portal to protect client privacy.
- High Court advocacy skills, with availability for emergency after-hours applications.
- Practical press and media negotiation, safeguarding commercial, reputational, and personal interests in parallel.
- Encrypted WhatsApp contact for urgent or overseas clients.
- “No win, no fee” options for specific claimant circumstances, following pre-assessment.
Clients repeatedly commend our blend of discretion, urgency, and commercial awareness in fast-moving privacy and reputational disputes.
Frequently Asked Questions
Can a company get a super injunction in the UK?
Yes, both individuals and businesses may apply—companies frequently do so to protect intellectual property, confidential data, or ongoing deals. The same strict legal test applies to all applicants.
Are super injunctions enforceable outside England & Wales?
Super injunctions are only enforceable directly within England & Wales, though international “mirror orders” may be sought in some jurisdictions. However, overseas media or internet sites may still publish the information.
What happens if the press breaches a super injunction?
A breach constitutes contempt of court with penalties including substantial fines and potentially imprisonment. Enforcing orders against online or foreign publishers is more challenging.
How do I keep my identity confidential during court proceedings?
Applicants can request full anonymity orders and private hearings. Often, court documents will refer to anonymous parties (“AB v CD”) to keep your identity out of the public domain.
Does a super injunction apply to online publications and social media?
Yes—orders can be drafted to cover online platforms and social media, although enforcement is often technically and practically difficult, particularly with offshore providers.
Is a super injunction permanent or does it expire?
Super injunctions are rarely permanent. They are reviewed regularly and usually lapse once the risk justifying secrecy has passed or following a contested court hearing.
Can a super injunction be challenged by third parties?
Yes, including by media organisations or any other person adversely affected. They may apply to the court to vary or discharge the injunction, particularly if public interest in transparency outweighs individual privacy.
Are there alternatives to a super injunction for privacy protection?
There are. Standard non-disclosure (NDI) and anonymised injunctions, undertakings by other parties, and private settlement agreements may all be less restrictive and easier to manage.
What information needs to be disclosed to the court when applying?
Applicants are under a duty of full and frank disclosure—providing all material facts, including those that may undermine your case. Any omission can result in the order being set aside and costs being awarded against you.
Will the super injunction appear on public court records?
Ordinarily, no. Super injunctions are not listed on the public court record while in force. Some anonymised details may appear after the risk subsides.
Speak to a Super Injunction Solicitor Today
Taking decisive action can be the difference between safeguarding or losing control of your reputation, privacy, or business interests. Our experienced team offers confidential, fixed-fee reviews and expert guidance on all aspects of super injunctions—whether you need to make an emergency application or challenge an existing order. All communication and evidence-handling is treated with the highest level of client care.
Schedule a Free Consultation or call our trusted lawyers directly on 0207 459 4037 to protect your position without delay.
