INUNCTIONS RESTRAINING SPEECH

April 30th, 2025 by James Goudie KC

In ABBASI v NEWCASTLE NHS FOUNDATION TRUST (2025) UKSC 15 the Supreme Court provides important guidance on injunctions restraining speech on matters of public interest, including injunctions to prevent interference with a public authority’s performance of statutory functions. The Court reaffirmed that, though it may be necessary to protect public servants from offensive, abusive or defamatory attacks calculated to affect the performance of their duties, public servants acting in an official capacity may be subject to wider limits of acceptable criticism than ordinary citizens, and that the requirements of protecting them have to be weighed against the interest of freedom of expression or of open discussion of matters of public concern.

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