Carr v News Group Newspapers Ltd & Ors [2005] EWHC 971 (QB) (24 February 2005)

Carr v News Group Newspapers Ltd & Ors [2005] EWHC 971 (QB) (24 February 2005)

The injunction is necessary and proportionate to protect the claimant's life and psychological health, and does not unduly inhibit legitimate media activities or public debate. The only effective means for the court to discharge its protective duty is to grant the injunction as sought.

Citation
[2005] EWHC 971 (QB)
Parties
Claimant: Maxine Carr; Defendants: News Group Newspapers Limited & Others; Interested Party: Home Office; Interested Party: Probation Service
Jurisdiction
England and Wales
Judgment Date
24 February 2005
Procedural Posture
Injunction Application / Judgment on Application for Contra Mundum Injunction
Outcome
Injunction granted
Legal Topics
Injunctions, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Article 10 ECHR, Protection of Identity, Freedom of Expression, Proportionality
Human Rights Law Media Law Privacy Law Injunctions Article 2 ECHR Article 3 ECHR Article 8 ECHR Article 10 ECHR +3 more

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Parties

Maxine Carr

Claimant

News Group Newspapers Limited & Others

Defendants

Home Office

Interested Party

Probation Service

Interested Party

Procedural Posture

Injunction Application / Judgment on Application for Contra Mundum Injunction

Legal Issues

  1. 1 Whether a contra mundum injunction should be granted to protect the claimant's new identity and whereabouts
  2. 2 Whether such an injunction is necessary and proportionate given the competing rights under the European Convention on Human Rights

Ratio Decidendi

The injunction is necessary and proportionate to protect the claimant's life and psychological health, and does not unduly inhibit legitimate media activities or public debate. The only effective means for the court to discharge its protective duty is to grant the injunction as sought.

Court Disposition

Injunction granted

Orders

  • Contra mundum injunction granted to protect claimant's identity and whereabouts
  • Order is of general effect and binding on anyone with knowledge of it