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Ministry of Justice begins monitoring privacy injunctions

1 August 2011

The Ministry of Justice has today started monitoring applications for privacy injunctions at the High Court and Court of Appeal.

The move was recommended by the Master of the Rolls’ super-injunction committee, which published its report in May this year (see 20 May 2011).

Under the practice direction approved today by justice minister Lord McNally, a pilot scheme will record data relating to any injunction covered by Section 12 of the Human Rights Act 1998, the section dealing with cases which could lead to restrictions in freedom of expression.

The practice direction states that the purpose of the scheme, which will run from 1 August 2011 to 31 July 2012, is to “enable the Ministry of Justice to collate and publish, in anonymised form, information about applications for injunctions”.

It will apply to applications for injunctions, applications to continue injunctions and appeals against the grant or refusal of such as injunction.

It does not apply to proceedings covered by the Family Proceedings Rules 2010, to immigration or asylum proceedings or those raising questions of national security.

Lord Neuberger also published the final practice guidance for interim non-disclosure orders, originally published in a draft annexed to the super-injunction report.

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