That hearing was listed before another judge, Mr Justice Dingemans, who on Thursday gave a short ruling on the case, explaining why the further hearing relating to the injunction had not taken place.
Following the weekend application, Mrs Justice Laing also produced a written judgment explaining her reasons for granting the injunction. He is now married to A2. Before the red-top industry had more pressing matters to concern itself with in recent days, this inversion of logic has been the staple diet of the English tabloid summer: Mr Premier League footballer and the Missus frolicking poolside in their smalls.
A super-injunction is a court order which prevents both private information about an individual, and the very existence of the injunction, from being published. It is believed that only two of these injunctions were granted in England last year. What the lawyers of a number of footballers have been doing, on the other hand, is seeking an injunction to stop the publishing of private information where the names of either or both parties to the proceedings are not disclosed.
So far in , there have been approximately 17 privacy injunction cases in England. They represent an interesting array of cases: some have concerned emails sent to the wrong recipient with confidential information held within, another relates to blackmail threats sent from anonymous Twitter accounts.
Altogether however, only three cases whose judgements have been published to date actually concern sportsmen. The first, involving Imogen Thomas, is one everybody knows about. The third, TSE and ELP v News Group the proprietors of the Sun and the News of the World newspapers , concerns a married footballer and the women he had an affair with both seeking to stop details of their relationship being published.
Therefore, any sportsman who decides, for whatever reason, not to invoke their privacy rights is effectively placing a target on their heads and asking newspapers to go out and dig out as much dirt on them as they can. He denies that his conduct led to the breach of any rules. But even if I assume that he did break any rules, I do not see that there is any public interest in revealing this now, some years after the event.
Nor do I consider that the mere fact he broke rules in the past shows that he, is or should be publicly exposed as, a hypocrite. A1 does not deny these deceits. She pointed out that the female celebrity has had several affairs, but that she thought this relationship was 'different'. The 'prominent' sportsman, who the court said has appeared in adverts and held positions of responsibility in his sport, got a High Court pictured injunction banning him or his lover being named.
Judge Laing told the court: 'Despite finding out towards the end of the relationship that A1 was in a long-term relationship she felt, 'We had a chance of building something together. While she has had many affairs, she felt that this relationship was different.
But when the female celebrity became aware that the sportsman was not serious about the relationship, she was 'upset', according to the judge. The court heard that the affair was conducted in secret and the sportsman would keep an eye out for CCTV cameras.
The judge heard arguments that the female celebrity was 'not a private person. But she dismissed evidence that the well-known woman was a 'shallow, one-dimensional, cut-out character' who broadcasts her entire private life to the public. X's own witness statement paints a more complicated picture,' she said. The court heard that the sportsman did not deny having a 'clandestine' affair and his wife now knows the truth.
But the judge said that he denied breaking the rules by having a woman with him when he was staying at a hotel in the run-up to an event. Judge Laing said: ' The Sun argues that, in having the relationship, A1 deceived both A2 and his then manager.
A2 now knows the truth. His deceit of A2 is a private matter between them. The judge handed down an interim injunction banning The Sun from revealing the name of the sportsman and the celebrity. She said she had taken into account what kind of 'role model' the sportsman is, or can be.
Judge Laing said: 'He is a role model for sportsmen and aspiring sportsmen. His position does not turn him into an example in every sphere of his existence.
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