A & B v Persons Unknown

A & B v Persons Unknown

The overwhelming evidence demonstrated that publication of the claimants' identities would create an extreme risk of physical and psychological harm, violate their rights under articles 2, 3, and 8 of the ECHR, and fatally undermine their rehabilitation. The necessity for anonymity outweighed the principle of open justice and freedom of expression under article 10.

Parties
Claimant: A; Claimant: B; Defendant: Persons Unknown
Jurisdiction
England and Wales
Judgment Date
19 December 2016
Procedural Posture
Civil / Final Judgment
Outcome
permanent injunction granted
Legal Topics
Anonymity Orders, Freedom of Expression, Rehabilitation of Offenders, Protection of Life, Privacy
Human Rights Media Law Criminal Law Anonymity Orders Freedom of Expression Rehabilitation of Offenders Protection of Life Privacy

Case Brief

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Parties

A

Claimant

B

Claimant

Persons Unknown

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

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

Ratio Decidendi

The overwhelming evidence demonstrated that publication of the claimants' identities would create an extreme risk of physical and psychological harm, violate their rights under articles 2, 3, and 8 of the ECHR, and fatally undermine their rehabilitation. The necessity for anonymity outweighed the principle of open justice and freedom of expression under article 10.

Court Disposition

permanent injunction granted

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 specified associated persons, locations, or organisations.
  • Claimants permitted to issue proceedings anonymously as 'A' and 'B', with addresses care of their solicitors.