Hinduja -v- Hinduja (privacy order)
Claim No: PT-2019-000909
In the High Court of Justice
Business and Property Courts of England Wales
Property, Trusts and Probate list (Chd)
23 June 2020
Before:
the Hon. Mrs Justice Falk sitting in private
Between:
Srichand Parmanand Hinduja (a protected party by Vinoo Hinduja his litigation friend)
-v-
(1) Opichand Parmanand Hinduja
(2) Rakash Parmanand Hinduja
(3) Shok Parmanand Hinduja
UPON the First and Third Defendants having filed acknowledgments of service on 26 November 2019 and the Second Defendant having filed an acknowledgment of service on 13 December 2019 and in each case indicating an intention to dispute the jurisdiction of the Court AND UPON the application of the First Defendant by notice dated 6 December 2019 (“the Privacy Application”) AND UPON the applications of the Claimant by notices dated 11 December 2019 and 29 April 2020 (“the Regularisation Applications”) AND UPON the order of Master Shuman dated 3 December 2019 AND UPON the order of the Honourable Mr Justice Morgan dated 12 December 2019 made at a hearing in private
AND UPON the Defendants having indicated that they no longer intend to make applications to dispute the court’s jurisdiction or for an order declaring that the Court has no jurisdiction or should not exercise any jurisdiction which it may have AND UPON the Defendants having indicated that they intend to object to the use of the Part 8 procedure and to seek a direction that these proceedings proceed under CPR Part 7 AND UPON reading the written evidence filed AND UPON hearing Counsel for the Claimant Eason Rajah QC, Fenella Morris QC, Georgia Bedworth and James Kirby and Counsel for the Defendants Lord Goldsmith QC, David Rees QC and Ciaran Keller at a hearing in private on 4 June 2020
IT IS ORDERED that:
1. The acknowledgments of service filed by the First and Third Defendants on 26 November 2019 and by the Second Defendant on 13 December 2019 shall have effect for the purposes of CPR 5.4C(3)(b) (even if no further acknowledgment of service is filed by the Defendants or any of them).
2. The Privacy Application is dismissed, except that where a non-party makes an application under CPR 5.4C(2) for documents other than this
Order:
(a) the court shall serve a copy of such application on the parties and give the parties 3 clear days’ notice of the application before determining it;
(b) the parties may file written submissions in response to the application if so advised;
(c) copies of any such written submissions shall be served on the otherparties and on the non-party applicant; and
(d) the court shall determine the application without a hearing, unless it orders otherwise.
3. For the avoidance of doubt, the notice procedure set out in paragraph 2 above shall not apply to an application made by a non-party under CPR
.4C(2) for a copy of this Order.
4. The order of Master Shuman dated 3 December 2019 is discharged.
5. Pursuant to CPR 21.6, Vinoo Hinduja is appointed the Claimant’s litigation friend as from the date of this order.
6. Pursuant to CPR 21.3(4), all steps taken in the proceedings before Vinoo Hinduja’s appointment as litigation friend shall have effect.
7. The Defendants having indicated that they no longer intend to challenge the jurisdiction of the Court, paragraph 4 of the order of Mr Justice Morgan dated 12 December 2019 shall cease to have effect.
8. The Defendants shall have permission to file and serve further acknowledgments of service by 4pm on 10 July 2020.
9. The Defendants shall pay 90% of the Claimant’s costs of the Privacy Application and Regularisation Applications to be the subject of detailed assessment if not agreed.
10. The Defendants shall pay to the Claimant £190,000, on account of the costs ordered to be paid by paragraph 9 above, such payment to be made by 4pm on 7 July 2020.
11. Pursuant to CPR 39.2(5), a copy of this order shall be published on the website of the Judiciary of England and Wales without anonymisation or redaction.
12. This order shall be served by the Claimant on the Defendants.
Service of the order
The court has provided a sealed copy of this order to the serving party’s
solicitors:
Clifford Chance LLP at 10 Upper Bank Street, London, E14 5JJ (for theattention of Jeremy Kosky: Jeremy.Kosky@cliffordchance.com)