AAA -v- Camellia PLC (anonymity)
Claim No. QB-2019-002329
In the High Court of Justice
Queen’s Bench Division
18 September 2020
AAA & ORS
(1) Camrllia PLC
(2) Linton Park PLC
(3) Kakuzi PLC
UPON READING the Claimants’ Application Notice dated 02 September 2019 and the witness statement of David Michael Roberts, dated 02 September 2019.
AND UPON IT APPEARING that the case is likely to attract publicity, that revealing the identities of the Claimants is likely to unfairly damage the interests of the Claimants (including placing the Claimants at risk), and that, accordingly, revealing the identities of the Claimants is likely to frustrate or render impracticable the administration of justice.
AND UPON IT FURTHER APPEARING that, accordingly, non-disclosure of the Claimants’ identities is necessary in order to protect their interests, and that publication of the Claimants’ identities and disclosure of the same to the Defendants ought to be prohibited until such time as the matter is agreed by the parties or determined at an inter partes hearing
AND PURSUANT to CPR r.5.4A-D, r.39.2(4) and r.6.38, the inherent power of the Court, s.6 of the Human Rights Act 1998, and s.11 of the Contempt of Court Act 1981.
IT IS ORDERED that:
1. The Claimants’ identities must not be disclosed.
2. The Claimants have permission to identify themselves in the standard three letter form and the Claimants are to be referred to as such (or as “the Claimants”) thereafter.
3. The Claimants have permission to state their address on the claim form as c/o Leigh Day, Priory House, 25 St John’s Lane, London EC1M 4LB.
4. To the extent necessary to protect the identities of the Claimants’, any other references, whether to persons or to places or otherwise, must be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustment.
5. So far as the claim form, or any judgment, order or other document to which anyone might have access pursuant to Rule 5.4A-D or otherwise at any time does not comply with paragraphs “1”, “2” “3” and “4” above, the Claimants solicitor has leave to file with the Court copies of such documents adjusted so as to comply therewith; such copies to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope, marked “Not to be opened without the leave of a Judge or Master of the Queen’s Bench Division”.
6. The Claimants are to file a copy claim form which sets out the Claimants’ full names and addresses (where known). The said copy claim form is to be kept on file in a sealed envelope marked “Not to be opened without the permission of a Judge or Master of the Queen’s Bench Division” and will not be disclosed to anyone who might otherwise have access pursuant to CPR Rule 5.4A-D.
7. The Claimants have permission to serve a copy of the application notice dated 02 September 2019, evidence in support of the application and a copy of this Order on the Third Defendant out of the jurisdiction. The Claimants have permission to effect service by email on the Third Defendant’s Managing Director.
8. The Defendants may apply to set aside or vary this Order within 7 days of service of this order.
9. This Order shall remain in force until the Parties reach an alternative agreement in relation to anonymity and notify the Court of the terms of that agreement, or until the hearing of any applications made by any of the Parties to vary or supersede this Order following service of the claims.
10. Any further Claimants added to the claim form shall have permission to issue their claims in the manner set out in this Order. The costs of and occasioned by this application shall be in the case.