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Celebrity who took out injunction against British newspaper named by US publication

The injunction was granted in an appeal to prevent The Sun on Sunday from publishing the story 

Heather Saul
Friday 08 April 2016 22:19 BST
The case was heard at the Court of Appeal
The case was heard at the Court of Appeal (Getty Images)

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A public figure who took out an injunction to keep an extra-marital "three-way sexual encounter" and details of their "open" marriage a secret has been named in US media.

The “well-known” claimant took out an injunction to prevent The Sun on Sunday from publishing the details. The individual is referred to by the initials PJS and their partner is referred to as YMA in the case. Both are described as public figures.

The Sun on Sunday had wanted to publish an account of their “sexual exploits” with others.

The newspaper had argued the story would contribute to an ongoing debate but the Court of Appeal ruled PJS’s right to “private and family life” overrides the newspaper's right to publish details about the ”extramarital sexual activities“, which is reported to have taken place four years ago.

In the appeal court ruling, Lord Justice Jackson revealed that the claimant had appealed after a High Court judge ruled in favour of the newspaper.

”The principal issue in this appeal is whether the first instance judge, who refused to grant an injunction, properly balanced the competing rights which are in play,“ he wrote in his ruling.

Justice Jackson said he and Lady Justice King had decided to allow their appeal after balancing their human right to respect for family life and the newspaper's right to free expression.

Lord Justice Jackson said publishing the story would be ”devastating“ for the claimant under Article 8 of the European Convention on Human Rights and would ”generate a media storm“ - saying the couple's two children would become the subject of increased press attention.

Lord Justice Jackson said both PJS and YMA had been in an "open" relationship but were committed to each other and their children.

“They maintained that they had not courted publicity about their private life. They said that the various press articles about them were substantially true. They had been in a relationship for many years. The relationship was an open one.

“YMA accepted that from time to time the claimant had sexual encounters with others. The relationship between the claimant and YMA was one of commitment. They provided a loving home for their children.”

PJS has now been named by an American publication, but the injunction prevents the UK from naming the entertainer or their spouse.

Additional reporting by the Press Association

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