No pre-publication injunction

Cream Holdings Ltd and others v Banerjee and others [2004]UKHL 44

The appellants appealed against a decision upholding the grant of an interim injunction prohibiting the publication of confidential information about the respondents until trial. The judge granted an interim injunction on the basis that the respondent had established that it had a ‘real prospect of success’ at trial, thereby demonstrating the necessary likelihood of a permanent injunction for the purposes of s12(3) of the Human Rights Act 1998. The majority of the Court of Appeal upheld the judge.