CDE -v- NOP (privacy order)
IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
COMMERCIAL COURT
Date: 02/12/2021
Before:
LORD JUSTICE MALES
LORD JUSTICE POPPLEWELL
AND
LORD JUSTICE WARBY
Between:
CDE
-v-
NOP
ON READING the Application Notice sealed on the 3rd November 2021:
ON NOTICE having been given to the media in the following terms:
‘An appeal is to be heard on 2nd December 2021 which concerns a
confidential arbitration award. A judge in the Commercial Court
has ordered that for the time being no party shall, at any hearing in
these proceedings not taking place in private, rely on or refer to
any part of the contents of the award without first seeking a
determination from the Court as to whether and to what extent
those proceedings ought to be conducted in private. The
respondent to the appeal has made an application that the appeal
should be heard in private and the parties’ names should be
anonymised on the ground that if the appeal were held in public,
the contents of the award would be revealed. The Court of Appeal
has ordered that the case should be listed anonymously and
proposes to deal with that application at the outset of the appeal.
The purpose of this notification is to enable any media
representative who wishes to make representations on that issue to
do so.’
AND ON HEARING
Counsel on behalf of the Appellants and Counsel on
behalf of the Respondents
IT IS ORDERED THAT:
1. The hearing of the appeal will be in private.
2. Until after judgment on the appeal or further order in the meantime
(1) The identity of the parties to this appeal must not be disclosed. The
ciphers CDE and NOP shall be used for the appellants and respondent
respectively.
(2) No report shall be published of the proceedings in private.
(3) There shall be no public access to the documents filed in support of
the application for the court to sit in private.