High Court discharges super-injunction in Afghan data breach case (MoD v Global Media and Entertainment Ltd)
Public Law analysis: The High Court discharged a super-injunction in the case of Ministry of Defence v Global Media and Entertainment Ltd, marking a significant moment in the intersection of privacy, national security, and open justice. This judgment (the Judgment) rebalances the competing interests of state secrecy and the public’s right to know, with the Judgment emphasising the need for democratic accountability in the handling of sensitive government errors. The Judgment (which was made public together with the earlier judgments in the case) serves as a crucial reminder of the limits of secrecy in the face of evolving evidence and the fundamental importance of freedom of expression. Written by Dan Tench, partner, and Rosie Coles, associate, at CMS.