The Committee has made several important recommendations which restate well-established principles. These include:
* As they incorporate derogations from the principle of open justice, super-injunctions and anonymised injunctions, the Committee recommended that they could only be granted when they are strictly necessary. They could not be granted so as to become in practice permanent and so should be kept under review by the court.
* In relation to fast-track appeals, the Committee recommended that there was no justification for introducing a fast-track appeals process or a compulsory appeal process for super-injunctions or anonymised injunctions. This was on the basis that it was already possible to seek expedition of appeals from such orders.
* As for the use of specialist judges to hear applications for interim non-disclosure orders (including super-injunctions and anonymised injunctions), the Committee recommended that this would be neither justifiable nor practicable.
* A longstanding privilege of Parliament is the freedom of speech and debate. Any attempt by the courts to go beyond that privilege enshrined in Article 9 of the Bill of Rights 1689 would be unconstitutional. It follows that no super-injunction, or any other court order, could conceivably restrict or prohibit Parliamentary debate or proceedings.
* Practice Guidance should be issued, setting out the procedure to be followed when applying for interim injunctions, with the aim of protecting information said to be private or confidential pending trial. These interim injunctions should in future be referred to as ‘interim non-disclosure orders’. A Draft Guidance is provided in Annex A(1) and (2) to the report.
* The Practice Guidance should be accompanied by a Model Order. A Draft Model Order is provided in Annex B to the report.
* The Ministry of Justice’s Chief Statistician should, with Her Majesty’s Courts and Tribunals Service (HMCTS), consider introducing a data collection system for all interim non-disclosure orders, including super-injunctions and anonymised injunctions.
* Non-parties should be given advance notice of the application hearing. First, the applicant must give the non-party an ‘Explanatory Note’ (if appropriate, this may be anonymised). A Draft Explanatory Note is provided in Annex A(3) to the report. If the non-party gives an irrevocable undertaking to the court, the applicant must provide that non-party with the hearing papers prior to the hearing. A draft undertaking is provided in Annex A(2) (under Clause 13). This is the most substantial recommendation by the Committee and one which the media has been arguing for many years.