JKL Ltd -v- Persons Unknown (anonymity order)

Business and Property CourtsCommercial CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim Number: CL-2022-000550

In the High Court of Justice
Business and Property Courts of England and Wales
King’s Bench Division
Commercial Court

6 October 2023

Before:

Mr Justice Foxton

Between:

JKL Ltd

-v-

Persons Unknown

(being the individuals or companies, describing themselves as, or being connected to “TommyLeaks”, who participated in the hack and data breach of the Applicant’s network and/or the subsequent ransom demand on 11-18 October 2022)

Order

UPON the Claimant’s pre-action application dated 19 October 2022 for injunctions, privacy measures.

AND UPON Mr Justice Foxton accepting the undertakings offered by the Claimant, considering the provisions of section 12 of the Human Rights Act 1998 and granting an order in favour of the Claimant: (1) restricting non-parties’ access to statements of case, witness statements and exhibits, and applications; (2) permitting the hearing to take place without notice and in private; and (3)) protecting the hearing papers (the “Interim Confidentiality Order”).

AND UPON considering the First Witness Statement of Azizur Rahman and the Claimant’s skeleton argument and hearing counsel for the Claimant in private on 28 October 2022 and making an order continuing the Interim Order until trial.

AND UPON the Claimant issuing the Claim Form and serving the Defendants with the Particulars of Claim on 14 April 2023.

AND UPON reviewing the Claimant’s application for anonymity and related privacy measures dated 2 June 2023.

AND UPON reviewing the Third Witness Statement of Azizur Rahman dated 2 June 2023.
AND UPON reviewing the skeleton argument of and hearing counsel for the Claimant.

IT IS ORDERED THAT:
ACCESS TO DOCUMENTS

  1. Upon the Judge being satisfied that it is strictly necessary:
    (a) (i) no copies of the statements of case; and (ii) no copies of the witness statements (including exhibits) and the applications, will be provided to a non-party without further order of the Court.
    (b) Any non-party other than a person notified or served with this Order seeking access to, or copies of the abovementioned documents, must make an application to the Court, proper notice of which must be given to the other parties.

    HEARING IN PRIVATE
  2. The Judge considered it strictly necessary, pursuant to CPR 39.2(3)(a), (c), (e) and/or (g), to order that the hearing of the Application be in private.

    ANONYMITY
  3. The Claimant’s name shall be anonymised pursuant to CPR 39.2(4).

    COSTS
  4. The costs of and occasioned by the Application are reserved.

    VARIATION OR DISCHARGE OF THIS ORDER
  5. The parties or anyone affected by any of the restrictions in this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first give written notice to the Claimant’s solicitors. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s solicitors in advance. The Defendant may agree with the Claimant’s solicitors and any other person who is, or may be bound by this Order, that this Order should be varied or discharged, but any agreement must be in writing.

    INTERPRETATION OF THIS ORDER
  6. A Defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.
  7. A Defendant which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees or agents or in any other way.

    PERSONS OUTSIDE ENGLAND AND WALES
  8. (1) Except as provided in paragraph (2) below, the terms of this Order do not affect or concern anyone outside the jurisdiction of this Court.
    (2) The terms of this Order will affect the following persons in a country or state outside the jurisdiction of this Court –
    (a) the Defendant or his officer or agent appointed by power of attorney;
    (b) any person who –
    (i) is subject to the jurisdiction of this Court;
    (ii) has been given written notice of this Order at his residence or place of business within the jurisdiction of this Court; and
    (iii) is able to prevent acts or omissions outside the jurisdiction of this Court which constitute or assist in a breach of the terms of this Order; and
    (c) any other person, only to the extent that this Order is declared enforceable by or is enforced by a court in that country or state.

    PARTIES OTHER THAN THE CLAIMANT AND THE DEFENDANT
  9. Effect of this Order: It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized.

    NAME AND ADDRESS OF THE CLAIMANT’S LEGAL REPRESENTATIVES
  10. The Claimant’s solicitors are:
    Rahman Ravelli Solicitors Ltd
    Address: Bridge House, 181 Queen Victoria St, London EC4V 4EG
    Reference: CHA012/001
    Telephone: +44 (0) 20 3947 1539
    Email: syedur.rahman@rahmanravelli.co.uk

    COMMUNICATIONS WITH THE COURT
  11. All communications to the Court about this Order should be sent to: Room WG08, Royal Courts of Justice, Strand, London, WC2A 2LL, quoting the case number. The telephone number is 020 7947 6010. The offices are open between 10 a.m. and 4.30 p.m. Monday to Friday.