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 rights outweigh Article 10; interim contra mundum injunction is justified.

Citation
[2021] EWHC 1328 (QB)
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
Contra Mundum Injunctions, Reporting Restrictions, Anonymity Orders, Freedom of Expression, Right to Life, Right to Private Life
Media Law Human Rights Civil Procedure Contra Mundum Injunctions Reporting Restrictions Anonymity Orders Freedom of Expression Right to Life +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 prohibit publication of identifying information about claimants due to risk to life and safety
  2. 2 Balancing claimants' rights under Articles 2, 3, and 8 ECHR against Article 10 (freedom of expression)

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 rights outweigh Article 10; interim contra mundum injunction is justified.

Court Disposition

Interim contra mundum injunction granted pending trial.

Orders

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