BB and others -v- Mr Moutaz Al Khayyat and others (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: QB-2019-002712

In the High Court of Justice
King’s Bench Division

5 November 2024

Before:

Mr Justice Soole

Between:

BB and others

-v-

Mr Moutaz Al Khayyat

Mr Ramez Al Khay

Doha Bank Limited

Order

UPON considering the Discontinuing Claimants’ without notice application notice dated 30 September 2024 and the Eleventh Witness Statement of Matthew Jury dated 30 September 2024.

AND UPON consideration of the Anonymity Order of Master Gidden dated 29 July 2019 in these proceedings

AND UPON consideration of Witness A’s Article 8 right to respect for private and family life and the Article 10 right to freedom of expression

AND UPON it appearing that non-disclosure of the identity of Witness A is necessary to secure the proper administration of justice and in order to protect the interests of Witness A and that there is no countervailing public interest in disclosure

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4B-D 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 (1) 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:

  1. The identity of Witness A as a witness in these proceedings is confidential and shall not be published.
  2. 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 Witness A or any details (including other names, addresses or a specific combination of facts) that could lead to the identification of Witness A as a witness in these proceedings. Any other details which, on their own or together with other information publicly available may lead to the identification of Witness A shall be redacted before publication.
  3. The Discontinuing Claimants are permitted to serve the Witness Statement of Matthew Jury dated 30 September 2024 on the Third Defendant without including the Confidential Schedule thereto (which contains the Witness Statement of Witness A).
  4. The original of the Confidential Schedule to the Witness Statement of Matthew Jury dated 30 September 2024 is to be placed on the Court file in a sealed envelope marked ‘Not to be opened without the permission of the Court pursuant to an application under the Anonymity Order of Mr Justice Soole dated 5 November 2024’.
  5. Pursuant to CPR Rules 5.4B-D the Defendants, and any non-party to the proceedings, may not inspect or obtain from the Court file a copy of the Confidential Schedule to the Witness Statement of Matthew Jury dated 30 September 2024, save with permission of the Court. Any such application for permission shall be on at least 7 days’ notice to the solicitors for the Discontinuing Claimants.
  6. The Discontinuing Claimants are permitted to serve the Witness Statement of Witness A on the Third Defendant with redactions applied to protect the identity of Witness A.
  7. 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 solicitors for the Discontinuing Claimants.
  8. This Order having been made without notice, the Third Defendant may, within 7 days of service thereof on its solicitors, apply to the Court in Form N244 to set aside or vary its terms.
  9. 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.
  10. Costs in the case.