Carr v News Group Newspapers Ltd & Ors

Carr v News Group Newspapers Ltd & Ors

The injunction is necessary and proportionate to protect the applicant's life, limb, and psychological health, given the ongoing risks and effectiveness of previous orders. Restrictions on media freedom are justified and do not inhibit legitimate public debate.

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 / Judgment
Outcome
injunction granted
Legal Topics
Injunctions, Protection of Identity, Freedom of Expression, Proportionality, Rehabilitation

Case Brief

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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 / Judgment

  1. 1 Whether an injunction contra mundum is necessary to protect the applicant's new identity and whereabouts
  2. 2 Whether restriction of media rights under Article 10 ECHR is justified
  3. 3 Whether the order is proportionate to the risks faced by the applicant

Ratio Decidendi

The injunction is necessary and proportionate to protect the applicant's life, limb, and psychological health, given the ongoing risks and effectiveness of previous orders. Restrictions on media freedom are justified and do not inhibit legitimate public debate.

Court Disposition

injunction granted

Orders

  • Order made in terms of the draft injunction to protect applicant's identity and whereabouts
  • Provision for media or interested parties to apply for discharge or variation of the injunction on short notice