AEP and other -v- David Evans (privacy order)

High CourtKing's Bench DivisionPrivacy Order

Case Number: QB-2021-001513

In the High Court of Justice
King’s Bench Division

3 October 2023

Before:
Master Dagnall

Between:
AEP and ORS
-v-
David Evans (AS REPRESENTATIVE OF THE LABOUR PARTY)

Order

UPON hearing from Leading Counsel for the Defendant and Counsel for the Named Third Parties at a continued costs and case-management hearing held in person on 3 October 2023 (“the CCMC”);

AND UPON the Defendant’s application at the CCMC that certain information in respect of the settlement of (now discontinued) claims by the Claimants against the Defendant in these proceedings be treated confidentially and canvassed in private session;

AND UPON the Court having concluded, for the reasons given in a private oral judgment given in the course of a private session convened by the Court during the CCMC, that the settlement sums should be treated in confidence, and that information as to their amount or size should be kept confidential from the public and
non-parties to this litigation (such conclusion being after only hearing from Counsel for the Defendant and the Named Third Parties in private and being subject to review at the next hearing and including on any application made to set aside or vary this order by anyone else);

AND UPON the Court having concluded further that, so as to secure the minimum possible interference with the open justice principle, it should in any event be made clear in open court that the Defendant seeks, through its claim for a contribution or an indemnity, to recover settlement sums (unspecified in size and amount) from the Named Third Parties;

AND UPON the Defendant and the Named Third Parties consenting to the below order;

IT IS ORDERED THAT:

  1. The private session shall remain private.
  2. The Named Third Parties (and their legal advisors and agents) shall not hereafter without further order of the Court use, disclose or share the Confidential Information or the substance thereof (or any part thereof), save
    that they may use, disclose or share:
    a. any of the foregoing either (and only):
    i. for the purposes of these proceedings (including taking instructions for the purposes of the same), on terms that preserve its confidentiality; and/or
    ii. as otherwise required by law, provided always that the Named Third Parties take all reasonable steps to ensure that any such use, disclosure or sharing is undertaken on terms that preserve the confidentiality of the information insofar as possible; and/or b. the Non-Confidential Information.
  3. For the purposes of this order, the following definitions shall apply:
    a. the ‘Confidential Information’ means any information going to or otherwise revealing the size or amount of the sum(s) payable by the Defendant to the Claimants in this case pursuant to the settlement agreement by which the Claimants’ claims against the Defendant were compromised (“the Settlement Agreement”), save for the Non-Confidential Information; and
    b. the ‘Non-Confidential Information’ shall mean (i) the fact of the Settlement Agreement, (ii) the fact that the Settlement Agreement contains confidentiality provisions, (iii) the fact that sum(s) are payable pursuant to the same, and (iv) any other facts stated in open court at the CCMC.
  4. The foregoing order be given further consideration at the continued CCMC listed for 5 December 2023.
  5. There be liberty to apply.
  6. A copy of this Order shall be published on the website of the Judiciary of England and Wales.
  7. Costs in the case.