D & Anor v Persons Unknown

D & Anor v Persons Unknown

There is compelling expert evidence that revealing claimants' identities would create a real and immediate risk of serious physical harm or death by self-harm or suicide, engaging articles 2 and/or 3 ECHR. This risk cannot be balanced against article 10 rights. Permanent anonymity injunctions are necessary and proportionate to protect claimants' rights.

Parties
Claimant: D; Claimant: F; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
04 February 2021
Procedural Posture
Part 8 Claim / Final Judgment
Outcome
judgment for claimants
Legal Topics
Anonymity Injunctions, Open Justice, ECHR Articles 2, 3, 8, 10, Venables Jurisdiction, Self Harm and Suicide Risk, Rehabilitation of Offenders
Human Rights Criminal Law Media Law Anonymity Injunctions Open Justice ECHR Articles 2, 3, 8, 10 Venables Jurisdiction Self Harm and Suicide Risk +1 more

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Parties

D

Claimant

F

Claimant

Persons Unknown

Defendant

Procedural Posture

Part 8 Claim / Final Judgment

Legal Issues

  1. 1 Whether lifelong anonymity injunctions should be granted to prevent identification of claimants as murderers of Angela Wrightson
  2. 2 Whether this is an exceptional case for exercise of Venables jurisdiction
  3. 3 Whether articles 2 and/or 3 ECHR are engaged due to risk of self-harm or suicide

Ratio Decidendi

There is compelling expert evidence that revealing claimants' identities would create a real and immediate risk of serious physical harm or death by self-harm or suicide, engaging articles 2 and/or 3 ECHR. This risk cannot be balanced against article 10 rights. Permanent anonymity injunctions are necessary and proportionate to protect claimants' rights.

Court Disposition

judgment for claimants

Orders

  • Permanent injunctions granted prohibiting identification of claimants in connection with Angela Wrightson's murder
  • Provision for review of injunctions in event of material change of circumstances