ABD & others -v- Gemfields Limited & others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim No: KB-2022-003101

In the High Court of Justice
King’s Bench Division

25 October 2022

Before:
Master McCloud

Between:
ABD and Others
-v-
(1) Gemfields Limited
(2) Gemfields Group Limited
(3) Kagem Mining Limited

Order

UPON READING the Proposed Claimants’ application pursuant to CPR r.5.4A-D, r.39.2(4) and r.6.38, the inherent power of the Court and s.11 of the Contempt of Court Act 1981 dated 23 September 2022 and the fifth witness statement of Alexander Charles Wessely, dated 8 August 2022.

AND UPON the Order of Master Eastman dated 10 May 2022 in the related proceedings with claim numbers QB-2021-004529 and QB-2022-001086 which provides, inter alia, that those claimants’ identities and addresses must not be disclosed in those proceedings or in connection with those proceedings other than according to the provision of the Order

AND UPON IT APPEARING that the Proposed Claimants’ case is likely to attract publicity, that revealing the identities of the Proposed Claimants is likely to unfairly damage the interests of the Proposed Claimants (including potentially placing the Proposed Claimants at risk), and that, accordingly, revealing the identities of the Proposed Claimants is likely to frustrate or render impracticable the administration of justice

AND UPON IT FURTHER APPEARING that, accordingly, non-disclosure of the Proposed Claimants’ identities is necessary in order to protect their interests

AND UPON the Proposed Defendants having confirmed in writing that they do not submit to the jurisdiction of the Court

IT IS ORDERED THAT

  1. The Proposed Claimants’ identities and addresses must not be disclosed in these proceedings or in connection with these proceedings, other than (i) to other Claimants and/or Proposed Claimants their legal advisors; (ii) to the board members of the Proposed Defendants and their legal advisors; (iii) insofar as the Proposed Claimants consent to the disclosure; or (iv) insofar as disclosure is strictly necessary for the proper conduct of the proceedings.
  2. In these proceedings, the Proposed Claimants shall be referred to in the anonymised form set out in Schedule A to this Order. The Proposed Claimants’ address shall be stated as the address of their solicitors.
  3. The Proposed Claimants have permission to issue a claim form identifying themselves in the anonymous three letter form as set out in Schedule A to this Order and the Proposed Claimants have permission to state their addresses as c/o Leigh Day, Pangram, 27 Goswell Road, London EC1M 7AJ.
  4. At the time of issuing the claim form, the Proposed Claimants are to file a copy of the claim form which sets out the Proposed Claimants’ full names. The said copy of the claim form is to be kept on the Court file and marked “confidential: not to be opened without the permission of a Master or High Court Judge”. No such document is to be disclosed to any person other than the Proposed Claimants and Proposed Defendants.
  5. Any further documents filed in these proceedings must describe the Proposed Claimants’ names and addresses in the anonymised form set out above at §§3 and 3.
  6. A non-party may not inspect or obtain a copy of any document on or from the Court file (other than duly anonymised versions) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Proposed Claimants, and the Court will effect service.
  7. The file is to be retained by the Court and marked “Anonymised”.
  8. Pursuant to CPR r.39.2(4) there shall not be disclosed in any report of the proceedings the names or addresses of the Proposed Claimants or any details leading to the identification of the Proposed Claimants.
  9. Any further Claimants added to the claim form shall have permission to issue their claims in anonymised form in the manner set out in this order, such that they may use ciphers which follow (in alphabetical order) those provided for by Schedule A to this Order, and may use the address set out at §3 above.
  10. The Proposed Third Defendant may apply to set aside or vary this order within 7 days of service of this order and/or in accordance with the time limits set out in CPR r.11 if applicable.
  11. The costs of and occasioned by this application shall be in the case.

Claimant Anonymised form / cipher to be used for Claimant’s name

1st Proposed Claimant ABD
2nd Proposed Claimant ABE
3rd Proposed Claimant ABF
4th Proposed Claimant ABG
5th Proposed Claimant ABH
6th Proposed Claimant ABI
7th Proposed Claimant ABJ
8th Proposed Claimant ABK
9th Proposed Claimant ABL
10th Proposed Claimant ABM
11th Proposed Claimant ABN
12th Proposed Claimant ABO
13th Proposed Claimant ABP
14th Proposed Claimant ABR
15th Proposed Claimant ABS
16th Proposed Claimant ABT
17th Proposed Claimant ABU
18th Proposed Claimant ABV
19th Proposed Claimant ABW
20th Proposed Claimant ABX
21st Proposed Claimant ABY
22nd Proposed Claimant ABZ
23rd Proposed Claimant ACA
24th Proposed Claimant ACB
25th Proposed Claimant ACC
26th Proposed Claimant ACD
27th Proposed Claimant ACE
28th Proposed Claimant ACF
29th Proposed Claimant ACG
30th Proposed Claimant ACH
31st Proposed Claimant ACI
32nd Proposed Claimant ACJ
33rd Proposed Claimant ACK
34th Proposed Claimant ACL
35th Proposed Claimant ACM
36th Proposed Claimant ACN
37th Proposed Claimant ACO
38th Proposed Claimant ACP
39th Proposed Claimant ACQ
40th Proposed Claimant ACR
41st Proposed Claimant ACS
42nd Proposed Claimant ACT
43rd Proposed Claimant ACU
44th Proposed Claimant ACV
45th Proposed Claimant ACW
46th Proposed Claimant ACX
47th Proposed Claimant ACY
48th Proposed Claimant ACZ
49th Proposed Claimant ADA
50th Proposed Claimant ADB
51st Proposed Claimant ADC
52nd Proposed Claimant ADD
53rd Proposed Claimant ADE
54th Proposed Claimant ADF
55th Proposed Claimant ADG
56th Proposed Claimant ADH
57th Proposed Claimant ADI
58th Proposed Claimant ADJ
59th Proposed Claimant ADK
60th Proposed Claimant ADL
61st Proposed Claimant ADM
62nd Proposed Claimant ADN
63rd Proposed Claimant ADO
64th Proposed Claimant ADP
65th Proposed Claimant ADQ
66th Proposed Claimant ADR
67th Proposed Claimant ADS
68th Proposed Claimant ADT