Claim number: KB-2022-004589
In the High Court of Justice
king’s Bench Division
2 November 2023
(1) WTTV Limited (“WTTV”)
(2) NBC Universal International Limited (“NBCU”)
BEFORE Master Gidden sitting in the High Court of Justice King’s Bench Division on 30th October 2023
UPON HEARING Counsel for the Claimant and solicitor for the Defendant.
AND UPON READING the Defendant’s application notice dated 19 June 2023:
(1) Consideration of the Article 8 rights of NPQ 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 NPQ is necessary to secure the proper administration of justice and in order to protect the interests of NPQ and that there is no sufficient countervailing public interest in disclosure.
(3) The Claimant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.
(4) It appearing to the Court that the case is likely to attract publicity and that revealing the identity of NPQ is likely to damage the interests of NPQ and that, accordingly, publication of details revealing the identity of NPQ ought to be prohibited.
AND PURSUANT to section 6 of the Human Rights Act 1998; section 11 of the Contempt of Court Act 1981; common law principles of fairness and CPR rules 5.4C, 5.4D and 39.2(4).
AND UPON consideration of the Article 8 right to respect for private and family life and Article 10 rights of NPQ.
AND UPON consideration of the King’s Bench Division Guide paragraphs 4.11-4.16
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:
- Permission be given to anonymise the proceedings so that the name NPQ shall be used to identify the person referred to in the Statement of Claim and Defence by that name.
- The identity of NPQ is confidential and shall not be published.
- There shall be no reporting or disclosure of the identity of the person referred to in paragraph 1 or of any information that may lead or reasonably be expected to lead to the identification of that person.
- 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 NPQ or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of NPQ.
- 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 paragraph 1.
(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 Defendant.
- The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case including the defence that has been anonymised in accordance with paragraph 1 above by 21 days from the date of the order and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved. Such copies are 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 permission of a Judge”.
- So far as any judgment or order or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D or any other provision at any time does not comply with the above, the parties’ solicitors have leave to file with the Court copies of such document adjusted so as to comply therewith. Such copies are 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 permission of a Judge”.
- The Court file shall be clearly marked with the words “An anonymity order was made in this case on 30 October 2023 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, trustee or deputy.
- 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 firstname.lastname@example.org.
- The costs of obtaining this order be costs in the case.