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October 14, 2010

Binyam Mohamed injunction refused

Category: News

Attempt to restrain publication of former Guantanamo Bay inmate's grant of leave to remain in the UK fails


Former Guantanamo Bay detainee Binyam Mohamed was on Saturday refused an injunction to restrain publication of the fact that he has been granted indefinite leave to remain in the UK.

The injunction was sought on the basis of Article 3, as well as Article 8, of the European Convention on Human Rights, and was opposed by Associated Newspapers Limited, who contended that Article 3 was inapplicable, that there was no reasonable expectation of privacy in the information and that there was a public interest in its publication such that the Article 10 rights at play outweighed any Article 8 rights.

Mr Justice Cooke dismissed the application and ordered Mr Mohamed to pay the publishers’ costs.  The Mail on Sunday reported the grant of indefinite leave the following day.

5RB‘s Desmond Browne QC, instructed by Reynolds Porter Chamberlain LLP, acted for Associated Newspapers Limited.

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