Celebrity injunction: Individual at centre of gagging order 'could sue newspaper for damages'

A hearing is underway to determine whether the order should be lifted

Scales of justice (Getty)

The media has won the right to report on a hearing underway today over whether a privacy injunction preventing a newspaper from publishing the identity of a celebrity couple should be overturned.

Lord Justice Jackson heard arguments from lawyers representing The Guardian and other media organisations on Friday, who claimed the issues in the case should be reportable in the interest of open justice.

Judges will now make a decision on whether to uphold the order in open court.

In January, the Court of Appeal granted an injunction preventing the media from printing details about a “three-way sexual encounter” involving a high-profile individual.

On Friday, lawyers for News Group Newspapers, publishers of The Sun On Sunday, asked three Court of Appeal judges to lift the injunction banning the newspaper from printing the names of the couple and details of the individual’s “extramarital activities“.

Gavin Millar QC, representing News Group Newspapers, said the “well known” man, referred to as "PJS”, had been named by publications in the US and Scotland, and added: “A number of people in this jurisdiction know the information.” He said the order should be lifted.

Judges were told that PJS could pursue a damages claim against The Sun on Sunday and a trial could be staged, regardless of whether the privacy order was overturned.

But Desmond Browne QC, leading PJS's legal team, said anonymity would be the only proper “relief” for his client.

Additional reporting by the Press Association