Re Winch

Re Winch

The evidence demonstrates a real and immediate risk of death or serious harm to the claimants from organised crime groups, justifying a lifelong anonymity order; the interference with freedom of expression and open justice is necessary and proportionate to safeguard their rights under Articles 2 and 3 of the Convention.

Parties
Claimant: Craig Winch; Claimant: Debbie Winch; Claimant: Carol Winch
Jurisdiction
England and Wales
Judgment Date
03 December 2021
Procedural Posture
Claim for Venables Injunction / Final Judgment After Trial
Outcome
claim allowed
Legal Topics
Anonymity Orders, Freedom of Expression, Open Justice, Risk Assessment, Venables Jurisdiction
Human Rights Media Law Criminal Law Anonymity Orders Freedom of Expression Open Justice Risk Assessment Venables Jurisdiction

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Parties

Craig Winch

Claimant

Debbie Winch

Claimant

Carol Winch

Claimant

Procedural Posture

Claim for Venables Injunction / Final Judgment After Trial

Legal Issues

  1. 1 Whether the claimants are exposed to a real and immediate risk of death or serious harm justifying a lifelong anonymity order
  2. 2 Whether the evidence meets the threshold for granting a Venables injunction
  3. 3 Whether the order unjustifiably interferes with freedom of expression and open justice

Ratio Decidendi

The evidence demonstrates a real and immediate risk of death or serious harm to the claimants from organised crime groups, justifying a lifelong anonymity order; the interference with freedom of expression and open justice is necessary and proportionate to safeguard their rights under Articles 2 and 3 of the Convention.

Court Disposition

claim allowed

Orders

  • Final Venables injunction granted against the world prohibiting publication of information likely to identify the claimants.
  • Order prohibits publication or solicitation of images, voice recordings, descriptions, information identifying the claimants, or information likely to lead to their identification or whereabouts.