England captain John Terry has refused to respond to press speculation about his private life after the high court overturned a superinjunction preventing the defender from being named yesterday.
Lawyers for Terry won a high court injunction last Friday, having learned that the News of the World planned to write about his private life. Terry is alleged to have had an affair with an ex-girlfriend of his former Chelsea team-mate Wayne Bridge. Under the terms of the superinjunction, agreed on privacy grounds, newspapers were unable to reveal who had applied to stop the story.
Bridge, for his part, said in a subsequent statement: "I have read the press reporting in the last two days ..."The reports deal with matters which are of a deeply personal and private nature.
"My primary concern is the welfare of my son. Therefore, I intend to make no comment whatsoever either now or in the future about these reports and ask that my privacy is respected."
The judge, Mr Justice Tugendhat, lifted the injunction yesterday. It follows the Trafigura affair in October, when the oil trading company tried to use a pre-existing superinjunction – which prevents even the existence of an injunction from being known – to stop the Guardian reporting a parliamentary question until the outcry forced Trafigura and their lawyers Carter-Ruck to back down.
In the Terry case, Tugendhat said: "I do not consider that an interim injunction is necessary or proportionate having regard to the level of gravity of the interference with the private life of the applicant that would occur in the event that there is a publication of the fact of the relationship, or that [the applicant] can rely in this case on the interference with the private life of anyone else."."
Although the judge did not name Terry in his order he was the player who made the application.
And while the injunction did not cite a specific paper, the judge said the evidence named News Group Newspapers (NGN), the publisher of the News of the World.
Tom Crone, News of the World legal manager, said later: "We welcome Mr Justice Tugendhat's decision as a long overdue breath of fresh air and common sense coming out of the privacy courts. Over recent years, there has been more prior restraint on freedom of speech in Britain than in any other democratic country in the world.
"Gagging orders like the one sought by John Terry have been granted to numerous other Premier League footballers and assorted celebrities. Hopefully today's victory by the News of the World will lead to a fundamental reassessment of our draconian privacy laws.
"The British public's right to know has been the victim of this legal process. Hopefully that will now change."
The judge criticised Terry's lawyers, Schillings, for not giving newspapers notice of the action they were taking.
"Notice has not been given to any newspaper when it should have been, and, as a result, I have not had the benefit of arguments in opposition to the application, which might have assisted me to be satisfied of the matters of which I am not satisfied," he said.
He rejected arguments that they had not notified anyone about the application because their client did not know of any media organisation with a "specific interest in the story".
"The evidence shows that NGN were intending to publish a story about [the applicant] on the Sunday ... In my judgment the interest that NGN did show in publishing a story meant that they should have been given notice."
He also mentioned a letter from the Guardian that "illustrates the importance of open justice" in just such a case.
The use of the superinjunction is likely to reignite the debate about the use of human rights laws by public figures to prevent stories being placed into the public domain. Critics say several rulings based on the 1998 Human Rights Act have effectively created a privacy law in the UK, which has always shied away from legislation to protect the rich and powerful.
The issue was highlighted last October, when oil trading company Trafigura which prevented the Guardian from reporting a parliamentary question.
That prompted an online outcry, particularly on Twitter, and Trafigura's law firm Carter-Ruck werewas forced to drop the injunction. In a landmark case in 2008, high court judge Mr Justice Eady ruled that the News of the World had breached the privacy of Formula One boss Max Mosley. The paper had to pay damages.
The justice secretary, Jack Straw, announced this week the make-up of the panel to investigate reform of libel law, with members including Sunday Times editor John Witherow and Andrew Stephenson, a Carter-Ruck partner.
Lawyers for Terry won a high court injunction last Friday, having learned that the News of the World planned to write about his private life. Terry is alleged to have had an affair with an ex-girlfriend of his former Chelsea team-mate Wayne Bridge. Under the terms of the superinjunction, agreed on privacy grounds, newspapers were unable to reveal who had applied to stop the story.
Bridge, for his part, said in a subsequent statement: "I have read the press reporting in the last two days ..."The reports deal with matters which are of a deeply personal and private nature.
"My primary concern is the welfare of my son. Therefore, I intend to make no comment whatsoever either now or in the future about these reports and ask that my privacy is respected."
The judge, Mr Justice Tugendhat, lifted the injunction yesterday. It follows the Trafigura affair in October, when the oil trading company tried to use a pre-existing superinjunction – which prevents even the existence of an injunction from being known – to stop the Guardian reporting a parliamentary question until the outcry forced Trafigura and their lawyers Carter-Ruck to back down.
In the Terry case, Tugendhat said: "I do not consider that an interim injunction is necessary or proportionate having regard to the level of gravity of the interference with the private life of the applicant that would occur in the event that there is a publication of the fact of the relationship, or that [the applicant] can rely in this case on the interference with the private life of anyone else."."
Although the judge did not name Terry in his order he was the player who made the application.
And while the injunction did not cite a specific paper, the judge said the evidence named News Group Newspapers (NGN), the publisher of the News of the World.
Tom Crone, News of the World legal manager, said later: "We welcome Mr Justice Tugendhat's decision as a long overdue breath of fresh air and common sense coming out of the privacy courts. Over recent years, there has been more prior restraint on freedom of speech in Britain than in any other democratic country in the world.
"Gagging orders like the one sought by John Terry have been granted to numerous other Premier League footballers and assorted celebrities. Hopefully today's victory by the News of the World will lead to a fundamental reassessment of our draconian privacy laws.
"The British public's right to know has been the victim of this legal process. Hopefully that will now change."
The judge criticised Terry's lawyers, Schillings, for not giving newspapers notice of the action they were taking.
"Notice has not been given to any newspaper when it should have been, and, as a result, I have not had the benefit of arguments in opposition to the application, which might have assisted me to be satisfied of the matters of which I am not satisfied," he said.
He rejected arguments that they had not notified anyone about the application because their client did not know of any media organisation with a "specific interest in the story".
"The evidence shows that NGN were intending to publish a story about [the applicant] on the Sunday ... In my judgment the interest that NGN did show in publishing a story meant that they should have been given notice."
He also mentioned a letter from the Guardian that "illustrates the importance of open justice" in just such a case.
The use of the superinjunction is likely to reignite the debate about the use of human rights laws by public figures to prevent stories being placed into the public domain. Critics say several rulings based on the 1998 Human Rights Act have effectively created a privacy law in the UK, which has always shied away from legislation to protect the rich and powerful.
The issue was highlighted last October, when oil trading company Trafigura which prevented the Guardian from reporting a parliamentary question.
That prompted an online outcry, particularly on Twitter, and Trafigura's law firm Carter-Ruck werewas forced to drop the injunction. In a landmark case in 2008, high court judge Mr Justice Eady ruled that the News of the World had breached the privacy of Formula One boss Max Mosley. The paper had to pay damages.
The justice secretary, Jack Straw, announced this week the make-up of the panel to investigate reform of libel law, with members including Sunday Times editor John Witherow and Andrew Stephenson, a Carter-Ruck partner.
John Terry yesterday pleaded his case to Fabio Capello's staff and should know by the end of the week whether he will retain the England captaincy in the wake of the avalanche of criticism which has greeted allegations that he had an affair with the former girlfriend of his international team-mate Wayne Bridge.
Terry has made contact with Capello's right-hand man, Franco Baldini, who in his capacity as general manager will speak to both players before meeting Capello on Friday in a bid to draw a line under an affair that threatens to have a hugely destabilising effect in the run-up to the World Cup.
Capello, who has been in Switzerland following surgery on his knee, is due back in England on Thursday and will meet Baldini the following day to assess the damage to team morale. There is understood to be a desire to publicly address the issue ahead of the weekend, when both will travel to Warsaw for the Euro 2012 qualifying draw.
Capello and Baldini are believed to be deeply unimpressed with Terry's latest public indiscretions but want to hear from him and Bridge before choosing whether to strip the Chelsea defender of the captaincy. The manager is expected to hold face-to-face talks with Terry, who is said to be giving consideration to resigning as captain but to have indicated to Baldini that he would like to carry on.
It is understood that Capello has yet to form any firm conclusions and wants to mull over the issue and talk to Baldini in person before making a decision that could have profound implications on England's World Cup preparations. As well as bearing in mind the effect on the England dressing room, consideration of the wider responsibilities that come with the role is expected to be a factor. "I know everything," Capello told the Daily Mail. "I can't say anything at the moment but I will be back in London on Thursday."
Vanessa Perroncel, Bridge's former girlfriend and the mother of his three-year-old son, yesterday met the celebrity publicist Max Clifford and considered offers of up to £250,000 to sell her story. Terry has engaged the former News of the World editor Phil Hall to apply his crisis management expertise.
In the face of criticism from some quarters over its apparent unwillingness to act, the Football Association yesterday held the line that the matter was one for Capello and his staff rather than for the chairman, Lord Triesman, or chief executive, Ian Watmore. In its first statement since details of the alleged affair emerged on Friday following a court ruling to overturn a "superinjunction" that banned newspapers from mentioning its existence, the FA said that "Fabio Capello alone will make the decision about John Terry's position".
An FA spokesman said: "Fabio is fully up to speed with developments regarding John Terry. He spoke with chairman and chief executive today, who both backed him to make the best decision on footballing grounds. Fabio is dealing with the matter in his own way using his extensive experience as a football manager."
It is understood senior FA executives spoke today to the sports minister, Gerry Sutcliffe, following his intervention at the weekend.
Capello's verdict may be influenced by the fact that the latest round of non-footballing headlines directed at his captain are far from an isolated case. It is understood Capello spoke to Terry to remind him of the responsibilities of the role in the wake of Sunday newspaper allegations that he had been paid £10,000 to give a private tour of Chelsea's training ground.
In the wake of that furore, which followed criticism over a badly worded marketing email apparently trading on Terry's status as England captain, Watmore said he would not "back-seat drive". He told the Guardian: "I see our role as appointing the manager and his team in this case. Having appointed Fabio and co, it's their call on all matters to do with the playing side and the captaincy." The FA hierarchy are believed to be leaving the timing of any decision to Capello and Baldini. Terry, who will tonight play for Chelsea against Hull, yesterday declined to comment. Bridge, 29, has said he does not intend to comment on the reports for the sake of his son.
Terry has made contact with Capello's right-hand man, Franco Baldini, who in his capacity as general manager will speak to both players before meeting Capello on Friday in a bid to draw a line under an affair that threatens to have a hugely destabilising effect in the run-up to the World Cup.
Capello, who has been in Switzerland following surgery on his knee, is due back in England on Thursday and will meet Baldini the following day to assess the damage to team morale. There is understood to be a desire to publicly address the issue ahead of the weekend, when both will travel to Warsaw for the Euro 2012 qualifying draw.
Capello and Baldini are believed to be deeply unimpressed with Terry's latest public indiscretions but want to hear from him and Bridge before choosing whether to strip the Chelsea defender of the captaincy. The manager is expected to hold face-to-face talks with Terry, who is said to be giving consideration to resigning as captain but to have indicated to Baldini that he would like to carry on.
It is understood that Capello has yet to form any firm conclusions and wants to mull over the issue and talk to Baldini in person before making a decision that could have profound implications on England's World Cup preparations. As well as bearing in mind the effect on the England dressing room, consideration of the wider responsibilities that come with the role is expected to be a factor. "I know everything," Capello told the Daily Mail. "I can't say anything at the moment but I will be back in London on Thursday."
Vanessa Perroncel, Bridge's former girlfriend and the mother of his three-year-old son, yesterday met the celebrity publicist Max Clifford and considered offers of up to £250,000 to sell her story. Terry has engaged the former News of the World editor Phil Hall to apply his crisis management expertise.
In the face of criticism from some quarters over its apparent unwillingness to act, the Football Association yesterday held the line that the matter was one for Capello and his staff rather than for the chairman, Lord Triesman, or chief executive, Ian Watmore. In its first statement since details of the alleged affair emerged on Friday following a court ruling to overturn a "superinjunction" that banned newspapers from mentioning its existence, the FA said that "Fabio Capello alone will make the decision about John Terry's position".
An FA spokesman said: "Fabio is fully up to speed with developments regarding John Terry. He spoke with chairman and chief executive today, who both backed him to make the best decision on footballing grounds. Fabio is dealing with the matter in his own way using his extensive experience as a football manager."
It is understood senior FA executives spoke today to the sports minister, Gerry Sutcliffe, following his intervention at the weekend.
Capello's verdict may be influenced by the fact that the latest round of non-footballing headlines directed at his captain are far from an isolated case. It is understood Capello spoke to Terry to remind him of the responsibilities of the role in the wake of Sunday newspaper allegations that he had been paid £10,000 to give a private tour of Chelsea's training ground.
In the wake of that furore, which followed criticism over a badly worded marketing email apparently trading on Terry's status as England captain, Watmore said he would not "back-seat drive". He told the Guardian: "I see our role as appointing the manager and his team in this case. Having appointed Fabio and co, it's their call on all matters to do with the playing side and the captaincy." The FA hierarchy are believed to be leaving the timing of any decision to Capello and Baldini. Terry, who will tonight play for Chelsea against Hull, yesterday declined to comment. Bridge, 29, has said he does not intend to comment on the reports for the sake of his son.
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