KKK -v- Elena Tsirlina (trading as Blokh Solicitors) (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim number: KB-2024-001978

In the High Court of Justice

King’s Bench Division

2 October 2024

Before:
Master Davison

Between:

KKK

-v-

Elena Tsirlina

(Trading as Blokh Solicitors)

ORDER

UPON HEARING the Claimant in person and counsel for the defendant

AND UPON the court having directed that this hearing shall take place in private

AND UPON the claimant’s application notice dated 16 July 2024 and consideration of the following:

(1) The Article 8 rights of the claimant to respect for private and family life, and the Article 10 right to freedom of expression.
(2) It appearing that non-disclosure of the identity of the Claimant is necessary to secure the proper administration of justice and in order to protect the interests and safety of the claimant and his family and that there is no sufficient countervailing public interest in disclosure.
(3) The defendant indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998 and CPR rules 5.4C, 5.4D and 39.2(4)

WHEREAS for the purposes of this order:
(1) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.
(2) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

IT IS ORDERED THAT:

  1. The identity of the Claimant as a party to these proceedings is confidential and shall not be published.
  2. Pursuant to CPR Rules 39.2(4) & 39.2(3),
    a. There shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 3 of this Order.
    b. Unless the court otherwise orders, future hearings are to be held in private.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    (i) The Claimant shall be referred to as “KKK”.
    (ii) Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C and 5.4D:
    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3(i) to (iii) above.
    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR r.5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
  5. The defendant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 4pm on 23 October 2024.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 2 October 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”
  7. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on 7 days’ notice to the Claimant.
  8. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.
  9. Time for the Defence is retrospectively extended to 12 September 2024. The hearing on 30 October 2024 is vacated.
  10. Any application by the defendant to strike out the claim must be filed and served by 4pm on 29 November 2024. If no such application is filed, the claim is to be listed for a CMC on the first open date after 29 November 2024 with a time estimate of 2 hours.
  11. Costs in the case.

NOTE OF REASONS

I have directed that the claimant’s claim is to be heard in private and this will be the default position for future hearings. But (and I wish to emphasise this) this is a default position and it will be for the judge on each future occasion that this case comes before a court to decide whether the hearing / all of the hearing is to be in private or whether the open justice principle is prevail. That will depend very much on the matters which are to be discussed.
In the event that the defendant seeks to strike out the claim, the claimant will have the right to file evidence, including a witness statement from himself, in response.

There is no need for a witness statement at the present time. If there is no strike-out application, directions will be given for a witness statement from the claimant, which would usually be after the parties have exchanged relevant documents.