AA and others -v- Smart Solutions and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

In The High Court Of Justice
King’s Bench Division

31 March 2023

Cluster 1 claims

Claim Number: QB-2022-000062

AA and others -v- Smart Solutions and others (anonymity order)

Between:
AA, AC and AD
-v-
Smart Solutions (Recruitment) Limited, FS Commercial Limited and RDUK Limited

Claim Number: QB-2022-000394


Between:
AE
-v-
Smart Solutions (Recruitment) Limited and FS Commercial Limited

Claim number: QB-2021-002172

Between:
AF
-v-
Smart Solutions (Recruitment) Limited and FS Commercial Limited

Cluster 2 claims

Claim Number: QB-2022-001672

Between:
BA, BB and BC
-v-
Workforce Staffing Limited

Claim Number: QB-2021-002027

Between:
AB
-v-
Smart Solutions (Recruitment) Limited, Workforce Staffing Limited and Forest Garden Limited

Claim Number: QB-2021-002027

Between:
XCD
-v-
Workforce Staffing Limited and Forest Garden Limited

Cluster 3 claims

Claim Number: QB-2021-003717

Between:
CA
-v-
Staffline Recruitment Ltd

Anonymity Order

BEFORE MASTER MCCLOUD

UPON HEARING junior counsel for the Claimants (“the Claimants”) in all the claims (“the Claims”) and leading counsel for the First and Third Defendants, and junior counsel for the Second Defendant in QB-2021-000062; leading counsel for the First Defendant and junior counsel for the Second Defendant in QB-2022-000394; leading counsel for the First Defendant and junior counsel for the Second Defendant in QB-2021-002172; and junior counsel for the Defendant in QB-2022-001672; and leading counsel for the First Defendant and junior counsel for the Second and Third Defendants in QB-2021-002027; and junior counsel for the First and Second Defendants in QB-2022-001505; and junior counsel for the Defendant in QB-2021-003717; and leading counsel for the Defendant in QB-2021-003350, QB-2021-004574, and QB-2021-003418.

AND UPON the Court listing the above claims arising out of the criminal investigation into a human trafficking conspiracy known as Operation Fort in order to make case management directions.

AND UPON Claimants AB in QB-2021-002027 and XCD in QB-2022-001505 already benefitting from anonymity orders made earlier in the proceedings.

AND UPON

(1) The Claimants being complainants in Operation Fort and victims of human trafficking.
(2) Consideration of the Article 8 rights of the Claimants to respect for private and family life, and the Article 10 right to freedom of expression.
(3) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests of the Claimants and that there is no sufficient countervailing public interest in disclosure.

AND PURSUANT to section 1 of the Sexual Offences (Amendment) Act 1992; section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C, 5.4D and 39.2(4).

WHEREAS for the purposes of this order:

(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including on the Internet or social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (1) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identities of the Claimants as parties to these proceedings are confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4) and section 1 of the Sexual Offences (Amendment) Act 1992, there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimants or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimants in these proceedings.
  3. The Claimants shall be referred to in these proceedings by the cyphers set out in the headnote to this Order.
  4. The name of the Deceased partner of BA in Claim QB-2021-000062 who died following the issue of the Claim shall also be anonymised in the proceedings. He was also a complainant in Operation Fort and a victim of human trafficking. He shall be referred to by the cypher AG.
  5. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimants shall be referred to by the cyphers set out in the headnote to this Order.
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimants (including any names of other immediate family members or their addresses) shall be redacted before publication.
  6. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to these proceedings may not obtain a copy of any statement of case, judgment or order from the Court records in these proceedings unless the statement of case, judgment or order has been anonymised in accordance with paragraphs 3 to 5 above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR Rule 5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other
    document or communication, such an application shall be on at least 7 days’ notice to the relevant Claimant’s solicitor, trustee or deputy.
  7. The Claimants’ solicitors shall file with the Court an electronic (PDF) bundle of the statements of case that have been anonymised in accordance with paragraph 3 above by 28 April 2023 and shall re-file such in the event that any statement of case is amended, within 21 days of such amendment being approved.
  8. The Court files shall be clearly marked with the words “Anonymity orders were made in this case on 31 March 2023 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  9. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimants’ solicitors.
  10. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.