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
Summary, issues, holding and outcome
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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
Legal Issues
- 1 Whether an injunction contra mundum is necessary to protect the applicant's new identity and whereabouts
- 2 Whether restriction of media rights under Article 10 ECHR is justified
- 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
Full Case Text
Judgment text and source record
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