High Court Discharges Super Injunction Over MoD Data Leak Involving Afghan Nationals
Public Law and Judicial Review, Information Law
Today, Mr Justice Chamberlain discharged the super injunction that prevented various newspapers from reporting the leaking by someone working for the Ministry of Defence (MoD) of a dataset containing personal information and contact details of Afghan nationals who had applied under two UK government schemes for relocation to the UK on the grounds that they were at risk from the Taliban as a result of their work with or for the UK prior to the Taliban coup in 2021. The dataset was released by the MoD in error in early 2022.
In August 2023, the MoD learned that the leaked dataset had been published on a Facebook page. Shortly after this, the MoD applied for and obtained a super injunction. Various hearings and judgments followed: [2023] EWHC 2999 (KB) [2024] EWHC 312 (KB), [2024] EWHC 1220 (KB) and [2024] EWCA Civ 838.
In early 2025 Barings Law started being instructed by individuals whose names had been included in the leaked dataset to consider bringing a claim against the MoD for infringement of the data protection regime. Upon learning of this, the MoD sent Barings Law the super injunction, informing them that Barings Law was bound by it, and sought information from them about the names and details of their clients. Over the course of 3 days’ hearing, in late May 2025, Barings Law obtained a carve-out from the super injunction. On 15 July 2025 the super injunction was fully discharged: see [2025] EWHC 1806 (Admin).
Philip Coppel KC represented Barings Law.
This case has been widely reported, including by the BBC, Sky News, The Independent, ITV, LBC, The Guardian, The Financial Times, The Sun, The Telegraph and The Times.
