that PJS’s privacy rights were practical and effective. As to public interest, the Court of Appeal referred to what it had said on that subject in its earlier judgment without repeating it. In its earlier judgment the court made it clear that it thought very little of the public interest argument, for reasons which it fully explained. The seven reasons which the court gave in the judgment under review, at para 47, for setting aside the injunction were in no way affected by the NGN’s suggested public interest in the publication; they were all to do with the consequences of what had become public. As to applying a purely quantitive test, section 12(4) of the HRA required the court to have regard to the extent to which the information embargoed from publication by the injunction was available to the public; the court also considered expressly the impact on PJS and the children of further disclosure in the light of events which had happened. The final criticism, relating to a practical and effective remedy, requires fuller discussion. 83. It is not disputed that this court must approach the question whether the injunction should remain in place on the basis that, on the present information, PJS is likely to succeed at the trial in his claim that publication of his identity, and the other information in the confidential schedule to the injunction, would be a breach of his article 8 rights. The Court of Appeal so found in its January judgment, and it adhered to that view in the judgment under review (para 41). Mr Gavin Millar QC did not try to persuade the court otherwise, although he made it clear that the Sun intends to maintain its public interest defence at the trial. For present purposes, the court must proceed on the basis that there is no public interest in the publication of the material, however interesting it might be to some members of the public. The fact that there is a public appetite, which the proposed publication would feed, for information about the sex lives of celebrities does not mean that its disclosure would be in the public interest. Celebrities are entitled to the same respect for their private lives as anyone else, unless disclosure would genuinely support the function of the press as a public watchdog. All this is well established. 84. The provision in section 12(3) of the HRA that there should be no pre-trial restraint on publication unless the court is satisfied that “the applicant is likely to establish that publication should not be allowed” requires more than that the applicant is likely to establish that publication would be in breach of his rights. It is generally necessary to persuade the court that he is likely to obtain a final injunction at the trial. The Court of Appeal rightly identified this as the crucial question (para 46). On that issue I have reached the same conclusion as the Court of Appeal for essentially the same reasons. 85. Mr Browne concentrated his argument on the impact on PJS and his spouse becoming the subjects of a media storm, together with the consequences for their children. Page 36