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 to discharge the court's protective duty is to grant the order sought.

Citation
[2005] EWHC 971
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 (civil) / Judgment on Application for Continuation of Injunction
Outcome
Injunction granted contra mundum in the terms sought by the claimant.
Legal Topics
Injunctions Contra Mundum, Protection of Identity, Article 2 ECHR, Article 3 ECHR, Article 8 ECHR, Article 10 ECHR, Proportionality of Restrictions, Freedom of Expression Vs. Right to Life and Privacy
Human Rights Law Media Law Privacy Law Injunctions Contra Mundum Protection of Identity Article 2 ECHR Article 3 ECHR Article 8 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 (civil) / Judgment on Application for Continuation of Injunction

Legal Issues

  1. 1 Whether an injunction contra mundum should be granted to protect the claimant's 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 to discharge the court's protective duty is to grant the order sought.

Court Disposition

Injunction granted contra mundum in the terms sought by the claimant.

Orders

  • Injunction granted restraining publication of information likely to identify the claimant or her whereabouts.
  • Order is of general effect (contra mundum) and binding on all with knowledge of it.