Winch & Ors, Re the Persons Formerly Known As (Application for a contra mundum injunction) [2021] EWHC 3284 (QB) (03 December 2021)

Winch & Ors, Re the Persons Formerly Known As (Application for a contra mundum injunction) [2021] EWHC 3284 (QB) (03 December 2021)

The evidence demonstrates a real and immediate risk of death or serious harm to the claimants from organised crime groups as a result of the first claimant's assistance to law enforcement. This risk engages Articles 2 and 3 ECHR and justifies a lifelong anonymity order against the world. The order is necessary and proportionate, and does not unjustifiably infringe on freedom of expression or open justice.

Citation
[2021] EWHC 3284
Parties
Claimant: Craig Winch; Claimant: Debbie Winch; Claimant: Carol Winch
Jurisdiction
England and Wales
Judgment Date
03 December 2021
Procedural Posture
Application for Contra Mundum (venables) Injunction / Final Judgment After Trial
Outcome
Claim allowed. Final contra mundum (Venables) injunction granted.
Legal Topics
Anonymity Orders, Freedom of Expression, Open Justice, Article 2 ECHR, Article 3 ECHR, Article 10 ECHR, Reporting Restrictions, Risk Assessment, Assisting Offenders, Organised Crime
Human Rights Law Media Law Criminal Law Anonymity Orders Freedom of Expression Open Justice Article 2 ECHR Article 3 ECHR +5 more

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Parties

Craig Winch

Claimant

Debbie Winch

Claimant

Carol Winch

Claimant

Procedural Posture

Application for Contra Mundum (venables) Injunction / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimants are entitled to lifelong anonymity via a contra mundum (Venables) injunction to protect against real and immediate risk of death or serious harm from organised crime groups.
  2. 2 Whether the evidence meets the threshold for interference with freedom of expression and open justice under Articles 2 and 3 ECHR.

Ratio Decidendi

The evidence demonstrates a real and immediate risk of death or serious harm to the claimants from organised crime groups as a result of the first claimant's assistance to law enforcement. This risk engages Articles 2 and 3 ECHR and justifies a lifelong anonymity order against the world. The order is necessary and proportionate, and does not unjustifiably infringe on freedom of expression or open justice.

Court Disposition

Claim allowed. Final contra mundum (Venables) injunction granted.

Orders

  • Prohibition on publication or solicitation of any images, voice recordings, or descriptions of the claimants.
  • Prohibition on publication of any information purporting to identify anyone as being the persons formerly known as the claimants.