Claim No: QB-2019-001072
In the High Court of Justice
Queen’s Bench Division
23 April 2020
The Honourable Mrs Justice Steyn DBE
The Financial Conduct Authority
UPON reading the Defendant / Applicant’s Application dated 31 January 2020
AND UPON hearing from counsel for the Defendant / Applicant and counsel for the Claimant / Respondent
AND UPON the Court being satisfied that it was strictly necessary to hold the hearing of the Application in Private pursuant to CPR 39.2(3)(a), (b) and (c)
IT IS ORDERED THAT:
1. Pursuant to section 6 of the Human Rights Act 1998 and section 37 of the Senior Courts Act 1981 and CPR 39.2(3)(c) and/or (g), and the Court being satisfied that it is strictly necessary, the part of the hearing dealing with the matter set out in the Confidential Schedule to this Order be heard in private and there be no reporting of the same.
2. Upon the Court being satisfied that it is strictly necessary no copies of the following documents listed in (i) to (vii) below will be provided to a non-party without further order of the Court. Version of the witness statements at (i) – (iii) below shall be redacted in accordance with what is set out therein and these redacted versions must be filed by the parties by 4pm on Monday 27 April 2020:
(i) The third and fourth witness statements of Anila Bedi (including exhibits) save for the following parts of those
a. For the third statement of Anila Bedi:
i. paragraphs 1-3.1.
b. For the fourth statement of Anila Bedi:
i. paragraphs 1-3 and 4(b)-12; and
ii. exhibit AB-8 at pages 73-76.
(ii) The second witness statement of Andrew Greystoke (including Confidential exhibit ALG2 and ALG3) save for the following parts of those documents
a. paragraphs 1-14, 23, 27, 29-33, 36-43, the first sentence of para 44, 45, the second third and fourth sentences of
paras 47-57, 59-63.
b. pages 1-7, 17, 20 and 26 of exhibit ALG3.
(iii) The Confidential Exhibit ALG4 to the third witness statement of Andrew Greystoke (but not the open part of that witness statement) and pages 6-10, 12, 14-15, 17 and 22-23 of exhibit
(iv) The original draft order attached to the Application Notice.
(v) The skeleton arguments of the Claimant or Defendant for the hearing of this application.
(vi) Any confidential Schedules or Annexes to documents or any Confidential Bundles used in the proceedings after the date of this hearing.
(vii) The documents in the following tabs of the hearing bundle for the hearing of this application:
a. Tab 13;
b. Tab 14;
c. Tab 15;
d. Tab 16;
e. Tab 17;
f. Tab 18;
g. Tab 24, save for page 135;
h. Tab 25, save for page 138;
i. Tab 26;
j. Tab 27;
k. Tab 28;
l. Tab 30, save for pages 152-154;
m. Tab 32 save for pages 159-160 and 162-163;
n. Tab 33 save for pages 164-165, 167 and 169-170;
o. Tab 34, save for pages 173-174 and 176; and
p. Tab 35, save for page 180.
3. Pursuant to CPR 32.13(2) and/or the Court’s inherent jurisdiction, the documents referred to at paragraph 2 (i) – (iii) inclusive of this Order not be open to inspection by any third parties during the course of trial. For the avoidance of doubt the redacted versions of the third and fourth statements (including exhibits) of Anila Bedi and the second and third statements (including exhibits) of Andrew Greystoke filed in accordance with paragraph 2 of this Order are open to inspection by third parties during the course of the trial. The order in this paragraph be subject to an application by a non-party to inspect the unredacted versions of the witness statements in accordance with paragraph 4 of this Order.
4. Pursuant to CPR 5.4C(2) and/or the Court’s inherent jurisdiction, on the file in these proceedings it shall be recorded that on an application by a non-party to the Court for any or all of the documents referred to in paragraph 3 of this Order:
a. the Court shall notify the Claimant and Defendant of the application;
b. the applicant shall be required to serve the application on the Claimant and Defendant;
c. the application shall be determined at an oral hearing in person;
d. the Claimant and Defendant shall be provided with the opportunity to address the Court at the hearing of the
application before any final determination of the application.
5. Costs in the case.