Hope Capital Limited and another -v- Alexander Reece Thomson LLP (consent order)
Claim Number: QB-2021-003619
In the High Court of Justice
King’s Bench Division
29 June 2023
Before:
Master Dagnall
Between:
(1) Hope Capital Limited
(2) Hope Capital 2 Limited
-v-
Alexander Reece Thomson LLP
Consent Order
UPON the application of the Defendant (acting by Kennedys Law) dated 6 April 2023;
AND UPON READING the witness statements of Kamram Rehman of 14 and 27 April 2023 and including the exhibited confidential letter (and which the Court has directed to remain and be marked on the Court File as “Confidential” and “not to be inspected without permission from a Master or Judge of the King’s Bench Division”) from Ms Cowan’s General Practitioner.
AND UPON the Court having considered Articles 3 (right to private life) and 10 (freedom of expression) of the Human Rights Convention and CPR 39.2 and concluding that elements of the Trial should be held in private (subject to review by the Trial Judge) pursuant to Civil Procedure Rule 39 on the basis that the Court is presently satisfied that the Trial involves confidential matters (being as to Ms Cowan’s health) and publicity would damage that confidentiality (CPR39.2(3)(c)) and that it is necessary to sit in private to secure the proper administration of justice (and so that the conditions in CPR39.2(3) are presently satisfied).
BY CONSENT IT IS ORDERED THAT
- Pursuant to paragraph 2 of the Order of Master Dagnall dated 17 February 2023:
a. the Defendant is permitted to ask questions at Trial about Ms Cowan’s medical condition subject to the safeguards (the “Safeguards”) set out in 1b below; and
b. the following Safeguards apply in relation to information and documentation disclosed or questions asked at Trial relating to any medical condition affecting Ms Cowan (“Medical Information”);
i. Any and all information and documentation disclosed relating to the Medical Information is to be treated confidentially, and to be marked ‘Private and Confidential’.
ii. The parties do have permission to prepare bundles, skeleton arguments, opening and closing arguments and any other written documents for any hearing and / or for the Trial which contain separate confidential annexes in relation to the Medical Information which are not to be available to non-parties upon an application under CPR 5.4C(2).
iii. The parties do have permission to file documents marked as confidential by virtue of this paragraph and the Court office shall treat them as the same. Those documents shall not be available to non-parties upon an application under CPR 5.4C(1) or (2).
iv. Insofar as any reference is required to the confidential annexes, confidential documents and/or any confidential matters during any hearing or Trial, that part of the hearing shall be in private pursuant to CPR 39.2. Any part of any hearing or the Trial that deals with or covers any medical condition and/or the Medical Information is to be heard in private.
v. Any part of any judgment handed down following any hearing or the Trial that refers to the Medical Information, confidential annexes, confidential documents, and referring to any element of any hearing or the Trial heard in private is to be treated as confidential between the Court, the parties and their legal advisers.
- The parties remain at liberty to apply to the Court to vary the terms of this Order and may agree variations to this Order by Consent Order.
- The Court may exercise its powers of case management to vary the terms of this Order and which shall be reviewed by the Trial Judge.
- The terms of this Order remain in place until further Order is made by the Court pursuant to paragraphs 2 or 3 of this Order.
- The costs of the Defendant’s application dated 6 April 2023 are reserved to the Trial Judge to be determined after the substantive Trial.
- A copy of this Order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk) pursuant to CPR39.2(5).
- Any person may apply on notice to the parties to set aside or vary this Order.