Winch & Ors, (Persons Formerly Known As) (Contra Mundum Injunction)

Winch & Ors, (Persons Formerly Known As) (Contra Mundum Injunction)

The claimants are likely to establish at trial that publication of identifying information should not be allowed due to a real and immediate risk of death or serious harm from organised crime groups. The risk to their fundamental rights under Articles 2 and 3 outweighs any interference with media freedom of expression, justifying a contra mundum injunction.

Parties
Claimant: Craig Winch; Claimant: Debbie Winch; Claimant: Carol Winch
Jurisdiction
England and Wales
Judgment Date
18 May 2021
Procedural Posture
Civil / Interim Injunction Pending Trial
Outcome
interim injunction granted
Legal Topics
Contra Mundum Injunction, Reporting Restrictions, Anonymity Orders, Freedom of Expression, Right to Life, Protection From Torture, Private and Family Life
Human Rights Media Law Civil Procedure Contra Mundum Injunction Reporting Restrictions Anonymity Orders Freedom of Expression Right to Life +2 more

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Parties

Craig Winch

Claimant

Debbie Winch

Claimant

Carol Winch

Claimant

Procedural Posture

Civil / Interim Injunction Pending Trial

Legal Issues

  1. 1 Whether a contra mundum injunction should be granted to prohibit publication of identifying information about the claimants to protect their Article 2, 3, and 8 rights under the European Convention on Human Rights
  2. 2 Whether the risk to claimants' lives and safety outweighs media freedom of expression under Article 10
  3. 3 Whether the Venables jurisdiction applies in circumstances where the threat arises from the claimant's role as an informer rather than from their crimes

Ratio Decidendi

The claimants are likely to establish at trial that publication of identifying information should not be allowed due to a real and immediate risk of death or serious harm from organised crime groups. The risk to their fundamental rights under Articles 2 and 3 outweighs any interference with media freedom of expression, justifying a contra mundum injunction.

Court Disposition

interim injunction granted

Orders

  • Interim contra mundum injunction prohibiting publication of photographs, images, and other material identifying or purporting to identify the claimants, and prohibiting soliciting such information, continued until after final judgment with modifications.
  • Reporting restriction order under s.11 Contempt of Court Act 1981 prohibiting publication of witness C's name and contents of closed statement.