DC KSO -v- The Commissioner of Police of the Metropolis (anonymity order)

Queen's Bench DivisionAnonymity Order

Claim Nos. QB-2019-000477

In the High Court of Justice
Queen’s Bench Division

21 December 2021

Before:

Mrs Justice Heather Williams

Between:

DC KSO

-v-

The Commissioner of Police of the Metropolis

ORDER

UPON HEARING Counsel for the Lead Claimants and Counsel for the Defendant in open court on 16 December 2021

AND UPON hearing the Defendant’s application that the trial be heard in private

AND UPON the Court being satisfied that the Defendant’s application of 22nd November 2021, the documents produced pursuant to paragraph 1 of the Order of Yip J of 25th November 2021, and notice of this hearing were all properly served on the Press Association

AND UPON the Court considering representations from Guardian News & Media emailed on 24 November 2021. (No further representations from the media having been received following the steps taken pursuant to Yip J’s Order.)

AND UPON the Court being satisfied that CPR 39.2(3)(b), (c) and/or (g) applies and that it is necessary for the trial evidence and submissions to be heard in private to the extent that is set out below, in order to secure the proper administration of justice

AND UPON the Court being satisfied pursuant to CPR 39.2(4) that non-disclosure of KKPA’s identity and the residential addresses of witnesses is necessary to secure the proper administration of justice and in order to protect the interests of the witnesses and parties

AND UPON the Court being satisfied pursuant to CPR 32.13, CPR 5.4C(4) and the inherent jurisdiction, that it is necessary in the interests of justice to restrict access to the witness statements and exhibits, Trial Bundles, closed Skeleton Arguments and documents in the Court’s Records

IT IS ORDERED THAT:

Privacy

  1. Pursuant to CPR 39.2 (3) the trial shall be conducted in accordance with the following directions:a) The Court, parties and witnesses shall use the agreed Cipher List when referring to ciphered individuals and/or locations

    b) The parties’ oral opening and closing submissions shall be heard in public, save for reference to any of the matters listed at sub-paragraphs (i)-(xvi) below:

    1. CHIS numbers / names / initials unless ciphered and appearing on the agreed Cipher List referred to at paragraph (a) above, in which case the cipher will be referred to.
    2. Officer (including former officer) names unless ciphered and appearing on the agreed Cipher List referred to at paragraph (a) above, in which case the cipher will be referred to.
    3. Handler numbers
    4. Dates of contacts with, between or relating to CHIS, handler and / or controllers, or the dissemination of information received from them
    5. Locations of any kind, howsoever described, relating to CHIS, handlers and / or controllers or the management thereof
    6. The units to which the claimants or any witness were / are attached except in general terms for example “a DSU”
    7. The numbers and types of CHIS managed
    8. The numbers and types of officers deployed in the relevant units
    9. The detail of any information that may have been received by an officer
    10. Telephone numbers, email addresses, warrant numbers or employee numbers howsoever mentioned
    11. The name of any system used by the Defendant to record contacts and the locations at which this may be accessed, beyond referring to access “in the office”
    12. The name of any system used by the Defendant to record information regarding a CHIS and the locations at which this may be accessed, beyond referring to access “in the office”
    13. The name of any system used by the Defendant for communicating with, or relating to, CHIS
    14. Any reference (that is not already in the public domain) to how contacts are recorded, graded and stored
    15. Any detail within any training courses or guides (that are not already in the public domain) that relate specifically to the work conducted within the units that the Claimants and witnesses were / are in
    16. Any reference or description of covert methodology or tradecraft utilised in the recruitment and management of CHIS. This includes but is not limited to (in addition to matters already referred to at 3.b i – iv) reference to meeting frequency, CHIS reviews and frequency of the same, how a CHIS is managed, methods of contact, CHIS authorisation and deauthorisation and rewards.

c) To the extent that the parties do wish to refer to any of the matters listed at sub-paragraphs (b)(i)-(xvi) above, those submissions shall be heard in private.

d) The parties’ written opening and closing submissions shall be open to public inspection save for reference to any of the matters listed at sub-paragraphs (b)(i)-(xvi) above. The parties shall have liberty to prepare open and private written submissions.  The private written submissions shall be available to the Court and parties only.

e) The parties have  liberty  to  apply  to  the  Court  (by correspondence and not by way of application notice and/or  with  evidence)  to  add  to  or  vary  the  matters listed at sub-paragraphs (b)(i)-(xvi) above.

f) The witnesses shall give their evidence in private.

g) A judgment will be published save for the judgment on those parts of the trial heard in private. Those parts will form a separate judgment with access restricted to the Court and parties.

Witness statements

  1. Pursuant to CPR 32.13(2) the statements of the witnesses and exhibits thereto are not open to inspection without the permission the Trial Judge. Any application for such permission shall be made in writing, and on notice to the parties.
  2. Pursuant to CPR 39.2(4), the requirement in paragraph 18.1(2) of Practice Direction 32 (that all witnesses must provide a residential address on their witness statements) be dispensed with, and the witnesses be permitted to use a care of address in the alternative.

Inspection of Court Records

  1. Paragraph 2 of the Order of Senior Master Fontaine of 15th March 2019 is varied so as now to provide: “No documents in any of the claims in the POCL may be obtained from Court Records by a non-party without either the written consent of the parties or the permission of Senior Master Fontaine or the Trial Judge. Any application for such permission shall be made in writing, and on notice to the parties.”

Inspection of non-Court Records

  1. Pursuant to the inherent jurisdiction of the Court, any person who is not a party to the proceedings may not obtain or inspect the Trial Bundles or any closed Skeleton Argument filed by the parties, without either the written consent of the parties or the permission of Senior Master Fontaine or the Trial Judge. Any application for such permission shall be made in writing, and on notice to the parties.

Other

  1. Pursuant to CPR 39.2(4) the witness KKPA shall be referred to in all documentation in these proceedings, and shall give evidence, as KKPA.
  2. The parties shall file with the Court (i) Skeleton Arguments and (ii) an updated List of Issues by 4.30pm on 17th January 2022.
  3. The trial is to be heard in Court 27 or 28 if possible.
  4. A transcript of the Court’s ex tempore judgment given on 16 December 2021 is to be prepared, in so far as is possible on an expedited basis.
  5. Pursuant to CPR 39.2(5), a copy of this Order shall be published on the website of the Judiciary of England & Wales (judiciary.uk) and any person who is not a party to the proceedings may apply on notice to set aside or vary the Order.
  6. Costs shall be in the cases of the Lead Claimants.