JRT -v- Solicitors Disciplinary Tribunal (anonymity order)
Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order
Claim Number: CO/902/2021
In the High Court of Justice
King’s Bench Division
Administrative Court
10 June 2024
Before:
Mr Justice Holman
Between:
JRT
-v-
Solicitors Disciplinary Tribunal
and
Solicitors Regulation Authority Limited
(Interested party)
Order
UPON the Defendant’s decision to dismiss the underlying proceedings against the Claimant on the grounds that they gave rise to a real and immediate risk to his right to life under Article 2 ECHR
AND UPON the Defendant recording its decision in the Order dated 14 December 2020 and refusing to anonymise the Claimant in the Memorandum of Application to Dismiss Proceedings dated 18 February 2021 (“ the Memorandum”)
AND UPON Mr Justice Holman having granted the Claimant permission to bring these proceedings challenging that refusal on 9th July 2021
AND UPON the Defendant which is a Tribunal adopting a neutral position neither consenting nor objecting to the said Order but nonetheless being bound by the terms of the said Order AC-2021-LON-001908
AND UPON the Claimant and the Interested Party having agreed to the terms set out in a Confidential Settlement Agreement dated 17 May 2023, copies of which are held by the parties’ solicitors
BY CONSENT IT IS ORDERED that:
1. From the date of this order, there be substituted for all purposes of this case, in place of references to the Claimant by name, and whether orally or in writing, references to the letters “JRT”.
2. So far as the Claim Form, or any Judgment or Order, or any other document to which anyone might have access pursuant to CPR 5.4A to CPR 5.4D at any time does not comply with the above, the Claimant’s solicitor has permission to file with the Court copies of such document adjusted so as to comply. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the Court in a sealed envelope marked: ‘Not to be opened without the permission of a Judge or Master of the Queen’s Bench Division’.
3. A non-party may not inspect or obtain a copy of any document from the court file other than this Order duly anonymised as directed, without the permission of a Master. Any application for such permission must be made on notice to the Claimant. The court will effect service.
4. A non-party may not obtain a copy of any statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.
5. The Defendant shall anonymise the Memorandum by use of the initials JRT in substitution for references to the Claimant before publication of the Memorandum.
6. A non-party may not inspect or obtain a copy of any document from the Defendant’s file, other than the Memorandum duly anonymised as directed and/or a copy of this Order save with the prior written consent of the Claimant and/or his legal advisers or in accordance with a Court Order.
7. It is prohibited for the parties to publish anything that is liable to or might identify the Claimant as a party to these proceedings, or as a party to the underlying proceedings before the Defendant to which the Memorandum relates, save for information in accordance with the Confidential Settlement Agreement. The parties shall not take any steps to re-publish information that has already been placed in the public domain prior to the date of this order but which otherwise shall remain unaffected.
8. The Rule 5 Statement setting out the allegations against the Claimant and the fact of a decision by the Interested Party to make a referral in respect of the allegations against the Claimant to the Defendant shall not be published, made publicly available or otherwise made available by the parties to any third party save with the prior written consent of the Claimant and/or his legal advisers, or in accordance with the Confidential Settlement Agreement. The parties shall not take any steps to re-publish information that has already been placed in the public domain prior to the date of this order.
9. Other than as set out in this Order, neither the Interested Party nor the Defendant, shall publish make publicly available or otherwise make available or known to any third party any information relating to the Claimant in connection with the disciplinary proceedings instituted against the Claimant other than the Memorandum duly anonymised as directed and/or a copy of this Order save with the prior written consent of the Claimant and/or his legal advisers or in accordance with a Court Order.
10. All further proceedings in this claim be stayed upon the terms set out in the Confidential Settlement Agreement, except for the purpose of enforcing those terms.
11. Each party shall have permission to apply to the Court to enforce those terms without the need to bring a new claim.
12. The Interested Party shall pay the Claimant’s costs of the judicial review proceedings to be assessed on a standard basis if not agreed.
13. There shall be no order in respect of the Defendant’s costs.