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 convincingly 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 cooperation with law enforcement. The risk is severe and ongoing, and cannot be sufficiently mitigated by existing protective measures. The grant of a lifelong anonymity order is necessary and proportionate to safeguard the claimants' rights under Articles 2 and 3 ECHR, and the interference with open justice and freedom of expression is justified in these exceptional circumstances.

Citation
[2021] EWHC 3284 (QB)
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 Injunction (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 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 Injunction (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 risk of death or serious harm from organised crime groups
  2. 2 Whether the evidence demonstrates a real and immediate risk to the claimants' lives or physical integrity justifying interference with open justice and freedom of expression

Ratio Decidendi

The evidence convincingly 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 cooperation with law enforcement. The risk is severe and ongoing, and cannot be sufficiently mitigated by existing protective measures. The grant of a lifelong anonymity order is necessary and proportionate to safeguard the claimants' rights under Articles 2 and 3 ECHR, and the interference with open justice and freedom of expression is justified in these exceptional circumstances.

Court Disposition

Claim allowed; final contra mundum (Venables) injunction granted.

Orders

  • Final order prohibiting publication of information likely to identify the claimants, including images, voice recordings, descriptions, or information about their whereabouts.
  • Order applies against the world (contra mundum), with specified exceptions for court reporting and internet service providers under certain conditions.