Full Colour Black Limited -v- The artist known as “BANKSY” and others (anonymity order)

High CourtKing's Bench DivisionMedia and Communications ListAnonymity Order

Claim Number: KB-2023-003469

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

12 March 2024

Before:
The Honourable Mr Justice Nicklin

Between:

Full Colour Black Limited
(trading as BRANDALISED)

-v-

(1) The artist known as “BANKSY”
(2) Pest Control Office Limited

Anonymity Order

FURTHER to the Orders of 8 December 2023, 9 January 2024, 28 February 2024 and 4 March 2024

UPON APPLICATION (1) by the Defendants by Application Notice dated 22 November 2023 (“the Identity Application”) and (2) by the Claimant by Application Notice dated 5 January 2024 and the Defendants by Notice dated 8 January 2024 seeking variation of the directions set down in the 8 December Order (“the January 2024 Applications”)

AND UPON the Grounds identified in the Identity Application (variously referencing CPR 10.5(1)(d) and 3.10; paragraphs 15 and 16.1 of PD 57AD; Articles 8 and 10 ECHR; s.29(1) European Union (Future Relationship) Act 2020, Articles 220 to 222 of the EU-UK Trade and Cooperation Agreement and Articles 6bis, 7 and 15 of the Berne Convention for the Protection of Literary and Artistic Works of 9 September 1886 (Paris Act of 1971 as amended in 1979); Articles 2(1) and 9 of The Trade Secrets Directive (EU) 2016/ 943 and Regulations 2, 3 and 10 of The Trade Secrets (Enforcement, etc) Regulations 2018; and Articles 2, 4 to 6 and 23 of the UK GDPR derived from Regulation (EU) 2016 /679)

AND UPON READING the First Witness Statement of Mark Howard Stephens in support of the Identity Application

AND UPON the hearing of the Identity Application having been fixed for a hearing on 25 March 2024 (“the Hearing”)

AND UPON the Claimant not opposing the Identity Application

AND UPON the claim against the First Defendant having been stayed by Order dated 28 February 2024 (“the Stay Order”)

AND UPON the Court being strictly satisfied that an anonymity order in the terms of Paragraph 1 below is necessary to protect the legitimate interests of the First Defendant

AND UPON the Claimant filing and serving Amended Particulars of Claim as required by paragraph 4 of the Order of 8 December 2023

AND UPON the parties submitting to the Court an undated signed consent order substantially in the terms of this Order on 11 March 2024

WITHOUT A HEARING AND (SAVE FOR PARAGRAPH 1) BY CONSENT IT IS ORDERED THAT:

Anonymity Order: First Defendant

  1. Pursuant to CPR 39.2(4), in and for the purposes of these proceedings:
    a) all references to the First Defendant’s name shall for all purposes, and whether orally or in writing, be to the name “Banksy”; and
    b) any part or parts of a document which contains information as to the personal identity of the First Defendant other than the name “Banksy” shall not be filed, disclosed, referred to or put before the Court without such information being redacted and prevented from disclosure.
  2. Pursuant to CPR 39.2(5) a copy of this Order will be published on the Judiciary Website (www.judiciary.uk).
  3. Any person, whether or not a party to the proceedings, may apply to the Court to vary or discharge Paragraph 1 of this Order, provided that any such application is made by Application Notice on 7 days’ notice to the parties.

    Acknowledgement of Service
  4. Pursuant to CPR r.3.10, if and insofar as may be necessary the Acknowledgment of Service filed on behalf of the First Defendant on 27 September 2023 shall be treated as validly and effectively filed.

    Continuation of the stay of proceedings against the First Defendant
  5. The Stay Order is continued upon the basis that the Claimant and the First Defendant shall await and abide by the final determination of the claim against the Second Defendant.

    The Identity Application
  6. The Identity Application having been resolved by this Order, the Hearing is vacated.

    Other directions
  7. The parties have permission to apply for further directions and generally in relation to the implementation and operation of the foregoing provisions of this Order.

    Costs
  8. The costs of the Identity Application shall be in the case.
  9. The Claimant shall pay to the Defendants their costs of and occasioned by the amendment of the Particulars of Claim on the standard basis to be assessed by way of detailed assessment if not agreed.
  10. The costs of the January 2024 Applications shall be paid by the Claimant in the agreed sum of £10,624 plus VAT by 4.30pm on 26 March 2024. The deadline in paragraph 3 of the 28 February Order is extended until 4.30pm on 8 March 2024.

DATED 12 March 2024