Case number: QB-2021-BHM-001513
In the High Court of Justice
King’s Bench Division
21 April 2023
Mr Justice Chamberlain
DENNY TAYLOR, EZE, MINA KUPFERMANN, EMMA PICKEN, EHL, COLIN APPLEBY, JULIE CATTELL, EUAN PHILLIPS AND ANDREW BURRIDGE
DAVID EVANS (as representative of THE LABOUR PARTY), KARIE MURPHY, SEUMAS MILNE, GEORGINA ROBERTSON, HARRY HAYBALL AND LAURA MURRAY
UPON the Claimants’ application notice dated 23 March 2021 (“the Claimants’ Anonymity Application”)
AND FURTHER TO the Order of Mr Justice Johnson dated 21 April 2021 (“the Anonymity Order”)
AND UPON the Third Parties’ application notice dated 31 October 2022 (“the Third Parties’ Unless Order Application”)
AND UPON the Defendant’s application notice dated 17 October 2022 (“the Defendant’s Privilege Application”)
AND UPON hearing counsel for the Claimants, leading counsel for the Defendant and counsel for the Third Parties on the Claimants’ Anonymity Application
AND UPON hearing counsel for the Third Parties and leading counsel for the Defendant on the Third Parties’ Unless Order Application
AND UPON hearing leading counsel for the Defendant and counsel for the Third Parties on the Defendant’s Privilege Application
IT IS ORDERED as follows:
The Claimants’ Anonymity Application
- Paragraphs 1 and 2 of the Anonymity Order are continued in effect until trial or further Order so far as they relate to the addresses of all of the Claimants and the names of the 2nd and 5th Claimants, but are otherwise discharged.
- Paragraphs 3 and 5 of the Anonymity Order apply in relation to this Order as if they are repeated in it, and a copy of this Order shall be published on the website of the Judiciary of England and Wales at www.judiciary.uk.
- The parties must amend their respective pleadings as set out in paragraphs 7, 8(3) and 9 below.
The Third Parties’ Unless Order Application
- The parties are to amend their respective pleadings as set out in paragraphs 8(2), 10 and 11 below.
- The Third Parties’ Unless Order Application is otherwise dismissed.
The Defendant’s Privilege Application
- The Defendant’s Privilege Application is dismissed.
- By 4pm on Tuesday 2 May 2023, the Claimants are to file and serve an Amended Claim Form and Amended Particulars of Claim reflecting paragraph 1 of this Order.
- By 4pm on Friday 19 May 2023 the Defendant is to file and serve an Amended Defence and Particulars of the Additional Claim. This is:
(1) to give effect to the amendments proposed in the draft of the same served on the Claimants on 15 November 2022 (and, by so doing, discharge the Defendant’s obligations under the fourth recital of the Consent Order dated 25 November 2022 in respect of the said amendments);
(2) to plead the primary and any other bases on which it is said that David Evans (and/or the Labour Party in its own right) can sue, as addressed in the judgment handed down on 24 April 2023 at paragraph 44; and
(3) to make any amendments that are necessary in light of the Claimants’ amendments made pursuant to paragraph 7 above.
- By 4pm on 30 May 2023, the Claimants are to file and serve on the Defendant an amended Reply and an amended Part 18 Response naming the Claimants other than the 2nd and 5th Claimants and may include therein amendments consequential on the amendments to the Defence made under paragraph 8 of this Order.
- By 4pm on Friday 9 June 2023 the Third Parties are to file and serve an Amended Defence to the Additional Claim making any necessary amendments consequential on those made under paragraph 8 of this Order.
- By 4pm on Friday 30 June 2023 the Defendant is to file and serve an Amended Reply to the Defence to the Additional Claim, making any necessary amendments consequential on those made under paragraph 10 of this Order.
Access to Court File
- Any application by a non-party for a copy of bundles or witness statements that were before the Court at the hearing on 21-23 February 2023 shall be referred to the Honourable Mr Justice Chamberlain or another judge nominated by the Judge in Charge of the King’s Bench List.
Costs and Consequential Matters
- The costs of and occasioned by the amendments under paragraph 8(1) of this Order and amendments consequential thereon shall be borne by the Defendant in any event.
- Consequential matters, including submissions on costs and any applications for permission to appeal, shall be adjourned to be decided on the basis of written submissions. The parties are to liaise to narrow the issues and agree such issues as can be agreed, and in respect of any disagreements:
(a) are to file and exchange simultaneous written submissions, together with any application to this Court for permission to appeal, by no later than 4pm on Friday 5 May 2023; and
(b) if the parties or any of them wish to file and exchange written submissions in reply they must do so by no later than 4pm on Friday 12 May 2023.
- In the event that any application for permission to appeal is refused by this Court, the party seeking permission to appeal may file any appellant’s notice at the Court of Appeal within 21 days of this Court’s decision to refuse permission to appeal.
- Any party and, in respect of paragraphs 1 and 12, any non-party has liberty to apply.