Court of Appeal to deliver ruling on Monday over Sun challenge to celebrity injunction

A celebrity fighting to keep his name out of a tabloid newspaper story will have to wait until Monday to find out whether he has won his
battle.

The Sun On Sunday wants to publish an account of the man's alleged extra-marital activities.

But earlier this year Court of Appeal judges imposed an injunction preventing the newspaper from identifying the man in an article after he took legal action.

Lawyers for News Group Newspapers (NGN), publisher of The Sun On Sunday, today returned to the Court of Appeal and asked judges to lift the ban.

The court has decided that it will give its decision at 12.30 on Monday.

NGN says the ban should go because the man – a showbusiness celebrity and public figure – has been named in articles abroad and his identit can be found on the internet.

The man, who is being referred to only as PJS, opposes the application and says the ban should stay in place.

Judges analysed argument at a Court of Appeal hearing in London today.

Detail of The Sun On Sunday case emerged in a ruling earlier this year following a Court of Appeal hearing.

Appeal judges Lord Justice Jackson and Lady Justice King did not identify the man in their ruling but referred to him only as PJS.

They said he was well known, married and in the entertainment business.

They said his partner – referred to as YMA – was also well-known in the entertainment business. They said the couple had young children.

Lord Justice Jackson said in the ruling that the man had appealed after a High Court judge ruled in favour of The Sun On Sunday.

Mr Justice Cranston refused to impose an injunction following a hearing in January – although he ordered a temporary block on publication pending the hearing of an appeal.

Lord Justice Jackson said he and Lady Justice King decided to allow the man's appeal after balancing the man's human right to respect for family life and the newspaper's right to free expression.

Today, Gavin Millar QC, who is leading News Group Newspapers' legal team, told Lord Justice Jackson, Lady Justice King and Lord Justice Simon that the injunction should be lifted because information about PJS had now been published outside the jurisdiction of the England and Wales courts and was widely available to the British public via the internet.

"News Group Newspapers now seeks to discharge parts of the order," Millar told the court.

"Information prohibited by the order has now become available to the public in this jurisdiction via the internet having been published in
the United States."

Millar said the man had been identified in publications in the USA and Scotland, and added: "A number of people in this jurisdiction know the information."

He said PJS and YMA were "public figures" in the entertainment industry.

Judges were told that PJS could pursue a damages claim against The Sun on Sunday – regardless of whether the injunction was lifted – and a trial could be staged.

But Desmond Browne QC, who is heading PJS's legal team, said anonymity was the only proper "relief" for his client, and suggested that damages would not be an "effective remedy".

He said a "substantial" number of people did not know the identity of PJS, and told the court: "What is going to happen if the injunction is lifted is that it will be available to everybody.

"Information will become available to people who have not had the inclination to go online and search for it."

He added: "The media storm would be devastating for (PJS) and for the children if the injunction was lifted."

Browne also said "remarkable efforts" were being made to remove information from Twitter and Google.

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