Privacy versus free speech

Adakini Ntuli v Howard Donald [2010] EWCA Civ 1276; LSG 2 December p14

‘Why shud I continue 2 suffer financially 4 the sake of loyalty when selling my story will sort my life out?’ On receipt of that text message from Ms Ntuli, Mr Donald obtained an injunction to prevent her from disclosing specified categories of confidential information and the existence of the proceedings themselves. It also granted him anonymity. On appeal it was argued for Mr Donald that the injunction should remain and should also cover the very fact of his relationship with Ms Ntuli, except as known between close friends and family while Ms Ntuli contended the injunction should be set aside in the light of the undertakings she had given not to disclose ‘any intimate, personal or sexually explicit or details about their relationship … including any facts of a sexual nature’.