Alex Major -v- Redbrain Limited (anonymity order)
Case number: BL-2022-BHM-000079
In the High Court of Justice
Business and Property Courts in Birmingham
28 April 2025
Before:
Her Honour Judge Watson
Between:
Alex Major
-v-
Redbrain Limited
Order
UPON having heard counsel for the Claimant and for the Defendants on 30 March 2025 on the application of the Claimant for an anonymity order in respect of one of the Claimant’s proposed witnesses who provided a witness statement on behalf of the Defendant dated 25 November 2025 in the terms of paragraph 1 below
And upon the court noting that the order dated 30 March 2025 in the terms of paragraph 1 below does not contain all the provisions required and the court making this further order of the court’s own motion
AND UPON
(1) Having considered the Article 8 rights of the proposed witness to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the witness is necessary to secure the proper administration of justice and in order to protect the interests of witness and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendants having indicated their neutrality to the making of the order and there being no representations from the press or any other interested party.
AND PURSUANT to section 6 of the Human Rights Act 1998 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 internet and 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 (i) 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:
- The individual who has provided the witness statement on behalf of the Claimant dated 25 November 2024 shall be afforded anonymity within these proceedings, such that:
a. their identity will not be disclosed;
b. their name will be redacted and replaced with the identifier “E1” from any document that was created for the purpose of these proceedings that is either available to the public or that will be contained in the Trial Bundle and may be referred to in open court at trial;
c. any reference to the individual in documents or oral submissions presented to the Court shall be substituted by the identifier “E1”; and
d. if the individual is required to attend Court to give evidence, their evidence will be given in such manner as to preserve their anonymity (whether in private or by some other means) as shall be determined by the Trial Judge on or before the first day of trial.
And of the court’s own motion it is further ordered that:
- The identity of the witness is confidential and shall not be published.
- Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the witness or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the witness. The witness shall be referred to as E1.
- In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
(i) The witness shall be referred to as “E1”
(ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication. - Pursuant to CPR Rules 5.4C and 5.4D:
(i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
(ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant. - The Claimant’s solicitor shall as soon as practicable file with the Court further copies of any documents, including any orders of the court, naming E1,which have been duly anonymised in accordance with the order above.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 30 March 2025 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.”
- 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 Claimant’s solicitor.
- 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.