A & B v Persons Unknown [2016] EWHC 3295 (Ch) (19 December 2016)

A & B v Persons Unknown [2016] EWHC 3295 (Ch) (19 December 2016)

Permanent anonymity order is justified due to overwhelming and convincing evidence of serious and real risks of physical harm, psychological harm, and fatal damage to rehabilitation if claimants' identities are revealed; these risks outweigh the public interest in open justice and freedom of expression in this exceptional case.

Citation
[2016] EWHC 3295 (Ch)
Parties
Claimant: A (A protected party by his litigation friend, the Official Solicitor); Claimant: B (A child by his litigation friend, the Official Solicitor); Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
19 December 2016
Procedural Posture
Civil Injunction Application / Final Judgment
Outcome
Permanent injunction granted; claimants permitted to issue proceedings anonymously.
Legal Topics
Anonymity Orders, Freedom of Expression, Right to Life, Prohibition of Torture, Right to Respect for Private and Family Life, Open Justice, Rehabilitation of Offenders
Human Rights Media Law Privacy Law Civil Procedure Anonymity Orders Freedom of Expression Right to Life Prohibition of Torture +3 more

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Parties

A (A protected party by his litigation friend, the Official Solicitor)

Claimant

B (A child by his litigation friend, the Official Solicitor)

Claimant

Persons Unknown

Defendant

Procedural Posture

Civil Injunction Application / Final Judgment

Legal Issues

  1. 1 Should claimants be granted a permanent injunction preventing publication of their names or identities?
  2. 2 Should claimants be permitted retrospectively to issue proceedings anonymously?

Ratio Decidendi

Permanent anonymity order is justified due to overwhelming and convincing evidence of serious and real risks of physical harm, psychological harm, and fatal damage to rehabilitation if claimants' identities are revealed; these risks outweigh the public interest in open justice and freedom of expression in this exceptional case.

Court Disposition

Permanent injunction granted; claimants permitted to issue proceedings anonymously.

Orders

  • Permanent injunction prohibiting publication or broadcasting of information leading to identification of claimants as perpetrators of the Edlington Case, including current and original names, addresses, images, and other identifying details.
  • Claimants permitted, with retrospective effect, to issue proceedings naming them as 'A' and 'B' and giving addresses as care of their solicitors.