position, which the Court is obliged to respect, is clear. There is on present evidence no public interest in any legal sense in the story, however much the respondents may hope that one may emerge on further investigation and/or in evidence at trial, and it would involve significant additional intrusion into the privacy of the appellant, his partner and their children. 45. At the end of the day, the only consideration militating in favour of discharging the injunction is the incongruity of the parallel - and in probability significantly uncontrollable - world of the internet and social media, which may make further inroads into the protection intended by the injunction. Against that, however, the media storm which discharge of the injunction would unleash would add a different and in some respects more enduring dimension to the existing invasions of privacy being perpetrated on the internet. At the risk of appearing irredentist, the Supreme Court has come to the conclusion that, on a trial in the light of the present evidence, a permanent injunction would be likely to be granted in the interests of the appellant, his partner and especially their children. The appeal should therefore be allowed, and the Court will order the continuation of the interim injunction to trial or further order accordingly. LORD NEUBERGER: (with whom Lady Hale, Lord Mance and Lord Reed agree) 46. The issue which we have to decide is whether to uphold or reverse the decision of the Court of Appeal to lift an interlocutory injunction which it had previously granted at the suit of PJS, who is married to YMA, and they have two young children. That interlocutory injunction restrained NGN until trial or further order from publishing a story about a sexual relationship between PJS and AB and another, a story which had been communicated to News Group Newspapers Ltd, NGN, by AB. I agree that we should reverse the decision and continue, or re-impose, the interlocutory injunction, for the reasons given in the judgment of Lord Mance, and I also agree with Lady Hale. Because we are reversing the Court of Appeal and are not unanimous in doing so, I add a few words of my own. The history in summary 47. After NGN had obtained the story from AB, they very properly informed PJS of their intention to publish it in the Sun on Sunday newspaper. PJS’s case was and remains that this would be unlawful as it would violate his legal rights as it would be an unlawful misuse of his private information. Accordingly, he immediately issued proceedings against NGN seeking a permanent injunction to prevent such publication. Because a permanent injunction can only be granted after a trial, NGN would have been able to publish the story in the meantime. Accordingly, PJS also Page 26

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