Cases

Carr v News Group Newspapers Ltd & Others

Facts

On the eve of Maxine Carr's release from prison her solicitors applied without notice for an injunction to restrain the media from publishing any information about Carr's new identity and whereabouts. She had received death threats which the police believed to be credible. The injunction was sought on the basis of breach of confidence and contra mundum on the basis of the threats she had received. At the hearing on 13 May 2004 neither the Claimant nor the Home Secretary (who supported the application) made any reference to s.12 Human Rights Act 1998. News Group and Mirror Group applied to have the order set aside on the basis that s.12 had been breached. Further, they contended that the prohibition on soliciting information was disproportionate given the ban on publication (to which they did not object pending a full hearing).

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