D & Anor v Persons Unknown [2021] EWHC 157 (QB) (04 February 2021)

D & Anor v Persons Unknown [2021] EWHC 157 (QB) (04 February 2021)

The court found, on undisputed expert evidence, that both claimants remain at real and immediate risk of suicide and serious psychological harm if identified, engaging Articles 2, 3, and 8 ECHR. The risk is not speculative but substantiated by their history, current diagnoses, and the demonstrated intensity of public hostility. The open justice principle and Article 10 rights, though fundamental, are outweighed in this exceptional case by the necessity to protect the claimants' lives and well-being. Lifelong anonymity is necessary and proportionate. The Venables jurisdiction is engaged and the injunctions are granted contra mundum.

Citation
[2021] EWHC 157
Parties
Claimant: D; Claimant: F; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
04 February 2021
Procedural Posture
Part 8 Claim (high Court, Queen's Bench Division, Media and Communications List) / Final Judgment on Application for Lifelong Anonymity Injunction
Outcome
Lifelong anonymity injunctions granted to both claimants contra mundum.
Legal Topics
Anonymity Orders, Open Justice, Article 2 ECHR (right to Life), Article 3 ECHR (prohibition of Inhuman or Degrading Treatment), Article 8 ECHR (right to Private and Family Life), Article 10 ECHR (freedom of Expression), Venables Jurisdiction, Reporting Restrictions
Media Law Human Rights Law Criminal Law Anonymity Orders Open Justice Article 2 ECHR (right to Life) Article 3 ECHR (prohibition of Inhuman or Degrading Treatment) Article 8 ECHR (right to Private and Family Life) +3 more

Case Brief

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Parties

D

Claimant

F

Claimant

Persons Unknown

Defendant

Procedural Posture

Part 8 Claim (high Court, Queen's Bench Division, Media and Communications List) / Final Judgment on Application for Lifelong Anonymity Injunction

Legal Issues

  1. 1 Whether lifelong anonymity should be granted to claimants convicted as children of murder, under the Venables jurisdiction, to protect their rights under Articles 2, 3, and 8 ECHR, overriding Article 10 rights of the press and public.

Ratio Decidendi

The court found, on undisputed expert evidence, that both claimants remain at real and immediate risk of suicide and serious psychological harm if identified, engaging Articles 2, 3, and 8 ECHR. The risk is not speculative but substantiated by their history, current diagnoses, and the demonstrated intensity of public hostility. The open justice principle and Article 10 rights, though fundamental, are outweighed in this exceptional case by the necessity to protect the claimants' lives and well-being. Lifelong anonymity is necessary and proportionate. The Venables jurisdiction is engaged and the injunctions are granted contra mundum.

Court Disposition

Lifelong anonymity injunctions granted to both claimants contra mundum.

Orders

  • Permanent injunction prohibiting publication of the claimants' names, addresses, or any information likely to identify them as the murderers of Angela Wrightson.
  • Order applies for life and is binding on all persons and media.