BBG -v- Persons Unknown (anonymity order)
Claim number: KB-2023003577
In the High Court of Justice
King’s Bench Division
20 February 2024
Before:
The Honourable Mrs Justice Steyn DBE
Between:
BBG
-v-
Persons Unknown
(Using the names and telephone numbers listed in Confidential Schedule B to the Order dated 20 September 2023 and who are responsible for communicating with the Claimant via those numbers.)
Order
PENAL NOTICE
If you the defendants disobey paragraph 6 of this order or fail to comply with paragraph 6 of this order or any of them by the times stated (where applicable), you may be held to be in contempt of court and may be sent to prison, fined or have your assets seized.
Any other person who knows of this order and does anything which helps or permits the defendants to breach this order may also be held to be in contempt of court and may be imprisoned, fined or have their assets seized.
IMPORTANT:
Notice to the Defendants
(1) Paragraph 6 of this Order contains Orders made against you by the Court.
(2) If you, the Defendants, disobey or fail to comply with the Orders or any of them by the times stated (where applicable) you may be found guilty of Contempt of Court and may be sent to prison or fined or have your assets seized.
(3) By this order, the Court has granted JUDGMENT IN DEFAULT against you to the Claimant. Default judgment has been granted because each of the Defendants has failed to file an Acknowledgment of Service (or any Defence) by the required deadline. You have the right to apply to set aside the default judgment granted against you pursuant to CPR Part 13. The Court expects you to make any such application promptly.
UPON APPLICATION by the Claimant by Application Notice dated 24 November 2023 seeking judgment in default against the Defendants (“the Application”)
AND FURTHER to the Orders of 20 September 2023 granting the Claimant an interim injunction until a return date, and of 19 October 2023 granting the Claimant an interim injunction and associated orders for anonymity and reporting restrictions until trial or further order.
AND UPON the Defendants having failed to file an Acknowledgement of Service as required by paragraph 13 of the Injunction Order of 19 October 2023 and/or CPR r.10.3.
AND UPON reading the Witness Statement of Paul Greenberg dated 24 November 2023, Confidential Exhibits and Application Bundle.
AND UPON determination of the Application without a hearing, further to the Claimant’s request and pursuant to CPR r.1.4(j) and/or r.23.8(1)(c)
AND UPON the Claimant confirming that he does not wish to pursue his claim for damages
IT IS ORDERED THAT:
Judgment in Default
- The Claimant is awarded judgment in default of filing an Acknowledgement of Service or Defence against the Defendants, pursuant to CPR rule 12.3(1).
Anonymity of the Claimant
- Pursuant to s.6 Human Rights Act 1998, and/or CPR 39.2 the Judge, being satisfied that it is strictly necessary, ordered that:
a. The Claimant’s name is to be withheld from the public and must not be disclosed in any proceedings in open court;
b. There be substituted for all purposes in these proceedings in place of references to the Claimant by name, and whether orally or in writing, references to the letters “BBG”; and
c. The Claimant’s name on the CE-File will remain anonymised in accordance with this paragraph.
Reporting Restriction
- Pursuant to s.11 Contempt of Court Act 1981, there shall be no publication of the identity of the Claimant or of any other matter likely to lead to the identification of the Claimant in any report of, or otherwise in connection with, these proceedings, provided that nothing in this Order shall prevent the publication, disclosure or communication of any information which is contained in this Order or in any public judgment of the Court.
Publication of the Anonymity and Reporting Restriction Orders
- Pursuant to CPR 39.2(5), a copy of the order relating to the anonymity and reporting provisions at paragraphs 2 and 3 of this order will be published on the Judiciary Website.
Restrictions on Access to Documents on the Court File
- Upon the Judge being satisfied that it is strictly necessary:
a. Without further order of the Court, a non-party may not obtain access to or copies of any confidential schedules to any (i) statements of case; (ii) witness statements; (iii) applications; (iv) Orders; and/or skeleton arguments (“the Restricted Documents”) from the Court file.
b. The confidential schedules and confidential exhibits to all the witness statements filed in this claim shall be kept on the court file in a sealed envelope and/or marked as confidential on the CE-File not to be opened or disseminated other than by or with the permission of a High Court Judge in the Queen’s Bench Division.
c. Any non-party wishing to obtain access to, or copies of the Restricted Documents must make an application to the Court, such application to be made by Application Notice served on the parties at least 24 hours before the Application is made.
Injunction
- The Defendants must not use, publish or communicate or disclose to any other person (other than (i) by way of disclosure to legal advisers instructed in relation to these proceedings (“the Defendants’ legal advisers”) for the purposes of obtaining legal advice in relation to these proceedings or (ii) for the purpose of carrying this Order into effect) all or any part of the information referred to in Confidential Schedule A to this Order (“the Information”). The reporting restrictions imposed by paragraph 3 of this Order apply equally to the Defendants.
Public Domain
- For the avoidance of doubt, nothing in this Order shall prevent the Defendants from publishing, communicating or disclosing such of the Information, or any part thereof, as was already in, or that thereafter comes into, the public domain in England and Wales as a result of publication in the national media (other than as a result of breach of this Order or a breach of confidence or privacy).
Protection of Hearing Papers
- Pursuant to CPR 31.22(2), no use be made of any of the documents disclosed to the Defendants in these proceedings (“the Hearing Papers”).
- The Hearing Papers must be preserved in a secure place by the Defendants’ legal advisors on the Defendants’ behalf.
- The Defendants shall be permitted to use the Hearing Papers for the purposes of these proceedings provided that the Defendants’ legal advisors (or the Defendants themselves) shall inform anyone, to whom the said documents are disclosed, of the terms of this Order and, so far as is practicable, obtain their written confirmation that they understand and accept that they are bound by the same.
Service of this Order
- The Claimant must serve this Order upon the Defendants as soon as is reasonably practicable and in any event by 4.30pm on 1 March 2024.
- The Claimant is permitted to serve this Order and any other documents required to be served on the Defendants by alternative method, namely by means of a WhatsApp message to the Defendant’s phone number set out in Confidential Schedule B pursuant to CPR r.6.15 and r.6.27.
- The deemed date of service of any document served in accordance with paragraph 12 of this Order will be the second business day after the day on which the relevant message was sent.
Costs
- The Defendants shall pay the Claimant’s costs of the action summarily assessed in the sum of £62,000.
Variation or discharge
The Claimant and/or the Defendants may apply to the Court at any time to vary or discharge this Order, but if a party wants to do so that party must inform the other party’s or parties’ solicitors in writing before any such application is made.
Name and address of the Claimant’s legal representatives
The Claimant’s solicitors are Cohen Davis Solicitors, of 48 Dean Street, London, WC1 5BF: helpline@cohendavis.com, 020 7183 4123.
Communications with the Court
All communications to the Court about this Order should be sent to:
Room WG08, Royal Courts of Justice, Strand, London, WC2A 2LL, quoting the case number. The telephone number is 020 7947 6010.
The offices are open between 10 a.m. and 4.30 p.m. Monday to Friday.
Interpretation of this Order
(1) In this Order the words “he”, “him” or “his” include “she”, “her” or “hers” and “it” or “its”.
(2) Where there are two or more Defendants then (unless the contrary appears):
(a) references to “the Defendant” mean both or all of them; and
(b) an Order requiring “the Defendant” to do or not to do anything requires each Defendant to do or not to do it.
The effect of the Orders
A Defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
Parties other than the Claimant and Defendants
It is a Contempt of Court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be sent to prison, fined or have his assets seized.