Mills & Reeve Trust Corporation Limited -v- Martin and others (privacy order)
Business and Property CourtsHigh CourtProperty, Trusts and Probate ListPrivacy Order
Claim Number: PT-2022-LDS-000053
In the High Court of Justice
Business And Property Courts in Leeds
Property, Trusts and Probate List (ChD)
24 May 2023
Her Honour Judge Kelly
Sitting as a Judge of the High Court
(by MS teams)
Mills & Reeve Trust Corporation Limited
(In Its Capacity As Trustee Of The Peter Kevin Martin Will Trust And The Red Land Trust)
(1) Brian Vincent Martin
(2) Michael Martin
(3) The Estate Of Anne Lindley
(4) Gerald Martin
(5) Peter John Martin
(6) Dermot John Martin
UPON the 4th and 5th Defendants’ application by application notice dated 14th April 2022
(“the First Application”)
AND UPON HEARING Counsel for the Claimant (James Fryer-Spedding), Counsel for the 1st, 2nd, 3rd and 6th Defendants (Alfred Weiss) and Counsel for the 4th and 5th Defendants (Christopher Buckingham)
AND UPON the Claimant’s oral application for the hearing of the First Application to be in private and for there to be restrictions on the public availability of certain Court documents (“the Privacy Application”)
AND UPON READING the witness statements of Andrew Playle dated 10th March 2022; Brian Vincent Martin dated 21st April 2022 and 26th April 2022 (two statements of that date); and Catherine Schofield dated 14th April 2022 and 28th July 2022 (“the Witness Statements”)
AND after hearings in private on 12th August 2022 and 13th September 2022 (“the Hearings”)
AND UPON the Court publicly handing down a written judgment dated 31st March 2023 in a redacted form that obscures or omits paragraphs 17, 18, 21, 24, 49 (in part) and 50
(1) Consideration of the Article 10 right to freedom of expression.
(2) It appearing that a hearing in private is necessary to secure the proper administration of justice and in order to protect publication of confidential information.
AND PURSUANT to section 11 of the contempt of Court Act 1981 and CPR rules 5.4C, 5.4D, and 39.2(3)
IT IS ORDERED that:
Part A – Privacy
(1) Pursuant to CPR Rule 39.2(3) and rules 5.4C and 5.4D the Privacy Application is allowed, so that unless the Court otherwise orders, no non-party to this claim shall be permitted to obtain from the Court or to inspect:
a. An unredacted copy of the said written judgment; and/or
b. Any of the Witness Statements or the exhibits to them; and/or
c. A transcript of any of the Hearings; and/or
d. A copy of any of the parties’ skeleton arguments filed in respect of the
(2) If a person who is not a party to the proceedings applies for permission to inspect or obtain a copy of any of the documents (or part thereof) mentioned in (1) above,
(a) such application shall be on at least 7 days’ notice to all parties; and
(b) the court may refuse the application or direct such redaction of any part or parts of any such document as may appear just.
(3) Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge Part A of this Order, provided that any such application is made on 7 days’ notice to all parties.
(4) 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 email@example.com
Part B – Substantive
(5) The First Application is dismissed.
(6) Time for the 4th and/or 5th Defendants to file evidence in response to the claim is extended to 4pm on 21st June 2023.
(7) The 4th and 5th Defendants are refused permission to appeal.
(8) The costs of the First Application in so far as they concern an application to transfer the proceedings to Leeds shall be costs in the case.
(9) By no later than 4pm on 14th June 2023 the 4th and 5th Defendants shall pay the Claimants’ and the 1st, 2nd, 3rd and 6th Defendants’ costs of the First Application (save those mentioned in the preceding paragraph of this Order) and of the Privacy Application summarily assessed in the sum of £39,000 (being £23,000 + VAT in
respect of solicitors’ costs and £9,500 + VAT in respect of counsel’s fees) and
(10) The Claimant and the 1st, 2nd, 3rd and 6th Defendants may have until 10am on 19th July 2023 to file and serve any evidence in response to that of the 4th and / or the 5th Defendants upon which they wish to rely.
(11) List for a final disposal hearing before a Section 9 Judge or a High Court Judge (HHJ Kelly if possible) on the first available date after 2nd August 2023 with a time estimate of 3 days preceded by 1 day reserved for judicial pre-reading. On the parties filing dates of availability the matter shall be referred to HHJ Kelly who shall consider whether her availability shall cause any significant delay to the listing of the final hearing, in which case HHJ Kelly may direct that the final disposal hearing be listed before an alternate judge so as to expedite the listing of the final disposal hearing.
(12) The parties shall file with the Court by 4pm on 9th June 2023 details of any unavailable dates for the parties and / or Counsel during the period from 2nd August 2023 to 30 November 2023.
(13) This order be served by the 4th and 5th Defendants’ solicitors on the other parties.