Venables & Anor v News Group Papers Ltd & Ors [2010] EWHC B18 (QB) (30 July 2010)

Venables & Anor v News Group Papers Ltd & Ors [2010] EWHC B18 (QB) (30 July 2010)

The compelling evidence of a clear and present danger to Jon Venables' physical safety and life if his new identity, appearance, or location are made public justifies the continuation and amendment of the anonymity injunction, notwithstanding the principle of open justice. The risk to life outweighs the marginal public interest in disclosure.

Citation
[2010] EWHC B18
Parties
Claimant: Jon Venables; Prosecutor: Director of Public Prosecutions (DPP); Intervener: Attorney General; Advocate for Media Organisations: Anthony Hudson
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Injunction Application (civil) Following Criminal Proceedings / Application to Renew and Amend Anonymity Injunction Post Conviction
Outcome
Application granted; injunction renewed and made permanent with amendments.
Legal Topics
Anonymity Orders, Open Justice, Article 2 ECHR (right to Life), Article 3 ECHR (prohibition of Inhuman or Degrading Treatment), Article 8 ECHR (right to Private Life), Article 10 ECHR (freedom of Expression), Contempt of Court, Reporting Restrictions
Criminal Law Civil Procedure Human Rights Law Media Law Anonymity Orders Open Justice Article 2 ECHR (right to Life) Article 3 ECHR (prohibition of Inhuman or Degrading Treatment) +4 more

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Parties

Jon Venables

Claimant

Director of Public Prosecutions (DPP)

Prosecutor

Attorney General

Intervener

Anthony Hudson

Advocate for Media Organisations

Procedural Posture

Injunction Application (civil) Following Criminal Proceedings / Application to Renew and Amend Anonymity Injunction Post Conviction

Legal Issues

  1. 1 Whether to renew and make permanent an injunction prohibiting publication of Jon Venables' new identity, appearance, location, and related information
  2. 2 Whether the principle of open justice requires disclosure of the claimant's new identity
  3. 3 Whether the risk to the claimant's life and safety outweighs the public interest in disclosure

Ratio Decidendi

The compelling evidence of a clear and present danger to Jon Venables' physical safety and life if his new identity, appearance, or location are made public justifies the continuation and amendment of the anonymity injunction, notwithstanding the principle of open justice. The risk to life outweighs the marginal public interest in disclosure.

Court Disposition

Application granted; injunction renewed and made permanent with amendments.

Orders

  • Permanent injunction prohibiting publication of Jon Venables' new name, appearance, location in custody, and location prior to recall, except that the county (Cheshire) may be identified.
  • Lady Butler-Sloss' original injunction remains in force with amendments.