Non-disclosure injunctions information collection
Non-disclosure injunctions information collection

The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:

  • Non-disclosure injunctions information collection
  • What is this?
  • How does the Scheme operate?
  • Information to be recorded and when
  • Derogations from the principles of open justice
  • Transmission of information
  • What rules apply?

FORTHCOMING CHANGE: On 1 October 2019, a number of CPR practice direction amendments come into force, including a new version of CPR PD 40F which governs the non-disclosure injunctions information collection scheme. For more information, see News Analysis: 109th practice direction update—July to October 2019.

What is this?

The non-disclosure injunctions information collection scheme (the Scheme) originally came into force on 1 October 2012 as a pilot scheme, its aim being to collate information relating to non-disclosure injunctions (ie anonymised and super-injunctions or ‘privacy injunctions’).

Following concerns expressed in Parliament and the media about the lack of available data concerning the number of super-injunctions and anonymised injunctions applied for and granted in privacy proceedings, Lord Neuberger MR established a committee. In May 2011, the committee published a report entitled ‘Report of the Committee on Super-Injunctions’. Following this report the following were issued:

  1. Practice Guidance: this applies when seeking interim non-disclosure orders. The Practice Guidance sets out recommended practice regarding any application for interim non-disclosure orders. For more information, see Practice Note: Applications for interim injunctions for breaches of privacyPractice Guidance: Interim Non-Disclosure Orders

  2. a new practice direction: this established the pilot scheme for the collection of information in relation to these types of injunctions, requiring certain information to be gathered by the court and sent on to the Ministry