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guido falkes...

  • 14-04-2016 10:55am
    #1
    Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭


    An english person, living in Ireland, published information about a resident of England, that the person resident in England went to court to prevent being published in England and Wales, but not Scotland.

    The Irish times reports the person trying to keep a secret in England and Wales might try get a high court order in Ireland to get the english person living in Ireland to take down the publishing.

    How likely is it that the Court in Ireland would order information published legally in the UK and in other countries to be taken down?


Comments

  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    He's an Irish citizen albeit one that has mostly lived, worked etc in England


  • Registered Users, Registered Users 2 Posts: 12,248 ✭✭✭✭BoJack Horseman


    Add to that Guido's servers are in the USA...
    So I imagine the world minus England/Wales will remain in the know about Elton John's husband.


  • Banned (with Prison Access) Posts: 1,951 ✭✭✭frostyjacks


    How come the Irish media haven't published his name yet? Surely if the Scots have done it there's nothing preventing us.


  • Registered Users, Registered Users 2 Posts: 71,186 ✭✭✭✭L1011


    How come the Irish media haven't published his name yet? Surely if the Scots have done it there's nothing preventing us.

    Tabs are mostly UK owned, broadsheets are all sold across England/Wales.


  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    How come the Irish media haven't published his name yet? Surely if the Scots have done it there's nothing preventing us.

    there is a thread about him on boards.ie


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  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    I'm not concerned with the identity, I'm more interested in would the courts here try shut the door after the horse has bolted and why or why not.


  • Registered Users, Registered Users 2 Posts: 40,641 ✭✭✭✭ohnonotgmail


    Do we have the equivalent of an english superinjunction here?


  • Registered Users, Registered Users 2 Posts: 398 ✭✭IsaacWunder


    Do we have the equivalent of an english superinjunction here?

    Short answer: nobody knows, but probably not.

    Long answer: So-called super injunctions result in the courts blocking everyone, including the press, from even reporting that an injunction was sought and given. They are extremely rare, even in England, and only awarded in exceptional circumstances. The PJS injunction that this thread is about is not a super injunction as the press are allowed to report it exists, and the facts of it, however the names have been changed in order to protect the children involved.

    In fact most celebrity injunctions are not super injunctions, they are just referred to as one as a press gimmick to sell newspapers. True super injunctions are only awarded in England where it is proved traditional reporting restrictions such as pseudonyms are inadequate. Owing to their Orwellian nature and the fact that they breach the legal principle that justice must be done in public, the party seeking an order preventing the disclosure of the existence of the injunction has to overcome a huge threshold to have one granted, and would need to show irreversible damage.

    Because their existence can't be reported nobody knows how many exist or have been granted, and for that reason a better name for them would be a secret injunction. Reporting of them in the UK leads one to conclude that of those that have been given out they are more common to be obtained by businesses.

    The fact that they breach the principle of freedom of speech specifically laid out in the constitution makes them even less likely to be granted in Ireland, however that's not to say that one couldn't be, or hasn't already been granted to an individual as the constitution also has a so-called unenumerated right to privacy, and article 8 ECHR also gives a right to privacy. Whether a company could obtain one in Irish courts is a more unlikely proposition.


  • Closed Accounts Posts: 5,019 ✭✭✭ct5amr2ig1nfhp


    Who the fudge is guido falkes btw? Paper states a 'well-known political blogger'.

    Asked around the office and no one has heard of him or his website.


  • Closed Accounts Posts: 6,934 ✭✭✭MarkAnthony


    Why do people seek these injunctions? Seems to be the best way for the information to be immediately disseminated on social media.


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  • Posts: 5,121 ✭✭✭ [Deleted User]


    The reason given in this case was so that their children wouldn't find out via the press.


  • Registered Users, Registered Users 2 Posts: 4,396 ✭✭✭whomitconcerns


    quite funny that the judge and the QC both look like the more famous complainant ;)


  • Registered Users, Registered Users 2 Posts: 8,779 ✭✭✭Carawaystick


    quite funny that the judge and the QC both look like the more famous complainant ;)

    Don't all the judges & Barristers there wear wigs?


  • Registered Users, Registered Users 2 Posts: 14,049 ✭✭✭✭Johnboy1951


    On April 18, Court of Appeal judges ruled that the injunction in England and Wales will be lifted on Wednesday, April 20, pending an appeal by Elton John and David Furnish.


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