Daedone and others -v- BBC and another (anonymity order)

High CourtKing's Bench DivisionMedia and Communications ListAnonymity Order

Claim Number: QB-2021-004135

In the High Court of Justice
King’s Bench Division
Media and Communications List

26 January 2023

Before:
The Honourable Mr Justice Pepperall

Between:
Nicole Daedone (1)
Rachel Cherwitz (2)
One Taste Incorporated (3)
Institute of Om Llc (4)
Om Ip (5)
-v-
BBC
-v-
FLA

Anonymity Order

UPON the application by the non-party applicant (“the Applicant”) by Application Notice dated 12 July 2022

AND UPON reading the Applicant’s witness statement dated 12 July 2022 and the parties not filing any evidence in response

AND UPON the Defendant undertaking to the Applicant (i) to provide a copy of its Defence to the Applicant’s solicitors within one business day of its being filed and (ii) that it shall not, other than for the purposes of the proceedings, provide a copy of its Defence to any other non-party within ten days after filing or, in the event such application is made, before such time as it is determined by the Court

AND UPON hearing Counsel for the Applicant, Leading Counsel for the Defendant and Counsel for the Claimant

IT IS ORDERED AND DIRECTED THAT:

  1. The Applicant’s identity be withheld from the public in these proceedings, and he be referred to by the cipher FLA in these proceedings.
  2. Pursuant to s.11 of the Contempt of Court Act 1981, there shall be no publication of the Applicant’s name in connection with these proceedings, or of any matter likely to lead to his identification, save that nothing in this Order prevents the use of the pseudonym “Jake”, the cipher FLA, or identifying that FLA is a man who claims to be Jake.
  3. Pursuant to rules 5.4C(4) and 3.3(1) of the Civil Procedure Rules 1998, no copy of the Defence may be provided to any non-party from the Court Records:
    a. for 10 days after the filing the Defence; and
    b. if, within such ten-day period, the Applicant applies to restrict non-party access to the Defence, until the court gives directions upon such application.
  4. Pursuant to rule 5.4D(2), any application by a non-party for permission to obtain a copy of any document filed in these proceedings other than statements of case, judgments and orders must be on notice to the parties and the Applicant. Notice to the Applicant is to be by email to his solicitors Dina.Shiloh@smab.co.uk, Emma.Linch@smab.co.uk and Enfys.Jenkins@smab.co.uk.
  5. No later than four weeks before the pre-trial review, the parties and the Applicant do seek to agree a scheme that will ensure that issues concerning episode 9 can be properly litigated in public while minimising the risk of jigsaw identification.
  6. The Applicant has liberty to apply to the court for further directions in the event the parties are unable to agree such a scheme or in the event that a development in these proceedings gives rise to a new risk of his being identified.
  7. If, within ten days of the Defence being filed, the Applicant applies to restrict non-party access to the Defence, the application be referred to Mr Justice Pepperall for further directions.
  8. The issue of permission to appeal this order be adjourned to be dealt with on paper as follows:
    a. Any party seeking permission to appeal do lodge and serve draft grounds of appeal and brief written submissions in support of such grounds by no later than 12 noon on 2 February 2023.
    b. Other parties do lodge and serve any responsive submissions to any application for permission to appeal, none being required, by 12 noon on 7 February 2023.
  9. The time for filing an Appellant’s Notice with the Court of Appeal be extended until 4pm on 3 March 2023.
  10. No order as to costs.
  11. A copy of this Order will be published on the Judiciary website pursuant to rule 39.2(5).