Winch & Ors, (Persons Formerly Known As) (Contra Mundum Injunction) [2021] EWHC 1328 (QB) (18 May 2021)

Winch & Ors, (Persons Formerly Known As) (Contra Mundum Injunction) [2021] EWHC 1328 (QB) (18 May 2021)

Cogent evidence demonstrates a real and immediate risk of death or serious harm to claimants from organised crime groups if identifying information is published; Article 2 and 3 ECHR rights engaged and outweigh Article 10; interim contra mundum injunction is justified to protect claimants' fundamental rights.

Citation
[2021] EWHC 1328
Parties
Claimant: Craig Winch; Claimant: Debbie Winch; Claimant: Carol Winch
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Application for Contra Mundum Injunction / Interim Injunction Pending Trial
Outcome
Interim contra mundum injunction granted pending trial
Legal Topics
Reporting Restrictions, Anonymity Orders, Freedom of Expression, Right to Life, Protection From Torture, Private and Family Life
Human Rights Media Law Civil Procedure Reporting Restrictions Anonymity Orders Freedom of Expression Right to Life Protection From Torture +1 more

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Parties

Craig Winch

Claimant

Debbie Winch

Claimant

Carol Winch

Claimant

Procedural Posture

Application for Contra Mundum Injunction / Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether a contra mundum injunction should be granted to protect claimants' identities and safety
  2. 2 Balancing Article 2, 3, 8, and 10 ECHR rights
  3. 3 Jurisdiction for anonymity and reporting restrictions

Ratio Decidendi

Cogent evidence demonstrates a real and immediate risk of death or serious harm to claimants from organised crime groups if identifying information is published; Article 2 and 3 ECHR rights engaged and outweigh Article 10; interim contra mundum injunction is justified to protect claimants' fundamental rights.

Court Disposition

Interim contra mundum injunction granted pending trial

Orders

  • Prohibition on publication of photographs, images, or material identifying or purporting to identify claimants
  • Prohibition on soliciting such information