Howard Donald's fight to silence a former girlfriend can today be revealed after a super-injunction was lifted by the Court of Appeal.
The Take That star had obtained the court order earlier this year, preventing details of his relationship with Adakini Ntuli being made public, as well as the existence of his legal battle with her.
He enlisted a team of lawyers in April after he received a text message from Ntuli which said: 'Why shud (sic) I continue 2 suffer financially 4 the sake of loyalty when selling my story will sort my life out?'
Before solicitors became involved, Ms Ntuli, a musician and single mother of two children - of whom Mr Donald is not the father - secured the services of publicist Max Clifford and entered into negotiations with the News of the World.
Today, Master of the Rolls Lord Neuberger, Lord Justice Maurice Kay and Lord Justice Sedley dismissed Ms Ntuli's appeal seeking the discharge of the injunction but allowed her appeal in relation to the super-injunction and anonymity issues.
It means that at present while the existence of the battle can be revealed, specific details about their relationship cannot.
The revelation of the super-injunction today is particularly bad timing for Donald, whose band released their new album, Progress, yesterday.
Legal fight: Donald and his current girlfriend pictured last week in London. The Take That star obtained an injunction through the courts in April
Earlier this year it was reported that the father-of-two had enjoyed a fling with a Dutch fan.
The42-year-old allegedly seduced the married mother in 2008 in a Berlin nightclub.
Merith Van Onselen, 28, claimed she carried on a 'passionate' eight-month affair with the Take That star, according to The Sun.
'He has a very high sex drive,' she told the newspaper. 'He wanted exciting sex and he sure got what he was looking for.'
In the judgment today, Lord Justice Maurice Kay said that Donald had never married but had had a number of relationships and was the father of two children.
During some of the time since 2000, he and Ms Ntuli had a relationship but did not live together and its duration and intensity were matters of dispute.
Back together: Take That members, from left, Gary Barlow, Jason Orange, Mark Owen, Howard Donald and Robbie Williams perform on this weekend's X Factor
Mr Donald was also in other relationships during the same period, said the judge, and by the end of 2009, the relationship between the pair seemed to have come to an end.
He added that the injunction obtained covered 'any intimate, personal or sexually explicit details about the relationship...including any facts of a sexual nature', and another category referred to 'intimate or sexual activity'
At appeal, Ms Ntuli's lawyers argued that there should not have been an injunction at all and that, in any event, anonymisation was inappropriate.
Her position was - and remained - that she did not intend to publish any
descriptions of sexual activity with Mr Donald, and that Mr Justice Eady was wrong to extend the order to cover 'non-sexual information' such as conversations about the nature of their relationship.
Take That have been enjoying a revival since 2006, when they released their first single, Patience, since their split in 1996.
Battle: John Terry's ex, Vanessa Perroncel, with publicist Max Clifford earlier this year. The woman Howard Donald had a relationship with, Adakini Ntuli, has also enlisted Mr Clifford's services
The band was further thrust back into the limelight with the return of former member Robbie Williams, with a documentary on the subject screened earlier this month, and a tour planned for next year.
Donald's attempts to gag the press are part of a growing trend, with scores of high-profile celebrities seeking super-injunctions to prevent details about their private lives being made public.
A super-injunction obtained by married England star John Terry was lifted in January of this year, allowing the existence of his former relationship with Vanessa Perroncel to be revealed.
It led to the father-of-two being sacked as England captain.
Media lawyer Ambi Sitham told Mail Online that the lifting of Donald's super-injunction was a 'significant decision' which could 'indicate the turning of the tide against anonymity orders being granted as part of a super-injunction'.
She added: 'A Premiership footballer is currently trying to appeal the court's decision to lift the anonymity order attached to his super-injunction.
'These cases mark a precedent and if we see judges refusing to grant anonymity orders with super-injunctions it raises the question as to how effective these injunctions are in maintaining the individual's 'privacy', making them something of a toothless guard dog.'
source: dailymail
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