claimant must overcome in order to obtain an interim injunction. 41. Although it will be a matter for the trial judge at the end of the day, I adhere to the view I expressed in January, namely that the story which NGN proposes to publish is likely to be a breach of the claimant’s article 8 rights. What has changed is the weight which the claimant’s article 8 rights carry, when balanced against NGN’s article 10 rights. Also the fact that material is widely known must be relevant to the court’s discretion.” (iv) accepted that “the court should not set aside an injunction merely because it has met with widespread disobedience or defiance” (para 42), but noted that this was not a case of disobedience by the media, and that the difficulty about any submission of defiance was that “the Internet and social networking have a life of their own”; furthermore, that an English court “has little control over what foreign newspapers and magazines may publish” (para 44); and that “it does appear that those who want to find out the individuals’ identities have already done so” (para 45). 18. In these circumstances, the Court concluded, in Jackson LJ’s words, that “47. In the situation which now prevails, I still think that the claimant is likely to establish a breach of ECHR article 8. But, notwithstanding the limited public interest in the proposed story, I do not think that the claimant is ‘likely’ to obtain a permanent injunction. I reach this conclusion for seven reasons: i) Knowledge of the relevant matters is now so widespread that confidentiality has probably been lost. ii) Much of the harm which the injunction was intended to prevent has already occurred. The relatives, friends and business contacts of PJS and YMA all know perfectly well what it is alleged that PJS has been doing. The ‘wall-to-wall excoriation’ which the claimant fears (CTB at 24) has been taking place for the last two weeks in the English press. There have been numerous headlines such as ‘celebrity love cheat’ and ‘Gag celeb couple alleged to have had a threesome’. Many readers know to whom that refers. Page 10