Press Freedom: Injunctions Binding the World
| Author | Paul Dougan |
| DOI | 10.1350/jcla.2005.69.4.302 |
| Published date | 01 August 2005 |
| Date | 01 August 2005 |
| Subject Matter | Article |
Press Freedom: Injunctions Binding the World
Carr v News Group Newspapers Ltd, 24 February 2005, WL 401741,
unreported
The applicant was an individual seeking indefinite continuation of a
temporary injunction contra mundum granted in May 2004 following her
release on probation after serving half of a 42-month sentence for
perverting the course of justice. The application was backed by the
Home Office, the Probation Service and Humberside Police. Both the
Attorney-General and the media were notified of the nature of the
injunction and did not seek to oppose it.
The application was made on the basis that there was a real and
significant risk of injury or death to the applicant and that failure to
protect her from that risk would amount to a breach of Article 2 of the
European Convention on Human Rights (protection of right to life). The
evidence adduced in support of the application was persuasive: a persis-
tent threat from a specific source, actual incidents of harassment and
expressions of intention by the public to attack or kill the applicant, and
attacks on innocent members of the public by individuals who thought
their victims bore resemblance to her. It was also claimed that there was
a real risk to her already fragile psychological health and failure to
protect her against that risk would amount to a breach of her rights
under Article 8 of the Convention. This claim was supported by evidence
from a psychiatrist.
HELD, GRANTING THE APPLICATION, the injunction contra mundum
should be continued since it was the only effective means available to
the court to protect the life and limb and psychological health of the
applicant. The limitation on the media's exercise of its rights under
Article 10 of the Convention was required in the circumstances and
went only so far as was necessary to protect the applicant in those
regards.
COMMENTARY
The making of a contra mundum injunction on 24 February 2005 in the
Maxine Carr case signifies a potential broadening in the criteria con-
sidered apposite to the granting of...
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