News of the World in privacy victory versus John Terry

The News of the World has seen off an attempted injunction by England captain John Terry.

Lawyers for the footballer – named by a judge as LNS – had obtained an interim “super-injunction” which not only stopped the NoW from publishing its story, but banned any mention that the injunction even existed.

But this afternoon lawyers for the NoW succeeded in overturning the order after arguing that they had not been given sufficient notice.

Now Press Gazette understands that the NoW has won its legal battle with the footballer and is free to publish its revelations about him this weekend. It has also won costs.

Mr Justice Tugendhat said: “I accept that the information sought to be protected is not in the public domain in the sense that there is nothing left to be protected.

“But the evidence is that there has been wide circulation amongst those involved in the sport in question, including agents and others, and not just amongst those directly engaged in the sport.

“If the injunction ought otherwise be granted, I would not refuse it on this basis.

“But the fact that the information has become as widely available to so many people, means that an injunction is less necessary or proportionate than would otherwise be the case.

“Further, if – as I think likely – the real concern of the applicant in this case is the effect of publication upon the sponsorship business, then damages would be an adequate remedy…”

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