Ministry of Defence -v- Global Media and Entertainment Limited and others
High CourtKing's Bench DivisionMedia and Communications ListOrder
Claim No. KB-2023-003361
IN THE HIGH COURT OF JUSTICE
KING’S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST
23 July 2026
BEFORE:
THE HON. MR JUSTICE CHAMBERLAIN
BETWEEN:
MINISTRY OF DEFENCE
-v-
(1) GLOBAL MEDIA AND ENTERTAINMENT LIMITED
(2) INDEPENDENT DIGITAL NEWS AND MEDIA LIMITED
(3) TIMES MEDIA LIMITED
(4) ASSOCIATED NEWSPAPERS LIMITED
(5) TELEGRAPH MEDIA HOLDINGS LIMITED
(6) THE FINANCIAL TIMES LIMITED
(7) THE PRESS ASSOCIATION LIMITED COMPANY
and
(8) BARINGS LIMITED
Defendant for the purposes of costs only
Order
PENAL NOTICE
IF YOU DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED (IN THE CASE OF NATURAL PERSONS) OR FINED OR HAVE YOUR ASSETS SEIZED.
ANY PERSON WHO KNOWS OF THIS ORDER AND DISOBEYS THIS ORDER OR DOES ANYTHING WHICH HELPS OR PERMITS ANY PERSON TO WHOM THIS ORDER APPLIES TO BREACH THE TERMS OF THIS ORDER OR WHO OTHERWISE UNDERMINES OR FRUSTRATES THE EFFECTIVENESS OF THOSE TERMS MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.
UPON the Claimant’s application heard on Friday 1 September 2023 for a contra mundum interim non-disclosure order on notice to Associated Newspapers Limited and to Global Media and Entertainment Limited, prohibiting publication or disclosure of information relating to the unauthorised disclosure in early 2022 of a database identifying the personal details and other data of Afghan Relocations and Assistance Policy (“ARAP”) and the Afghan Locally Employed Staff Ex Gratia Scheme (“EGS”) applicants, such incident being discovered by HMG in mid-August 2023 [such disclosure being identified herein as “the Data Incident”];
AND UPON Mr Justice Robin Knowles CBE making a contra mundum interim non-disclosure order with a non-disclosure provision [“the Super-injunction”] having effect until a return date of 1 December 2023;
AND UPON Mr Justice Chamberlain having considered this matter further at hearings on (i) 13 October 2023, (ii) 31 October and 1 November 2023, (iii) 1 December 2023, (iv) 18 December 2023, (v) 1-2 February 2024, (vi) 27 March 2024, (vii) 30 April and 1 May 2024, 11 November 2024, (ix) 20-21 February 2025 and (x) 1, 7, 8, 11, 14, 15 and 17 July 2025;
AND UPON Defendants (1) to (7) having been added at various times as Defendants to these proceedings [and being identified collectively herein as “the Media Defendants”];
AND UPON Barings Limited (trading as Barings Law), having made applications (i) orally through counsel at a hearing on 23 May 2025, for an order that the Claimant pay its costs of and associated with directions hearings in these proceedings on 19 and 23 May 2025; and (ii) in written submissions dated 16 June 2025, that Barings Limited be added as a party for the purposes of costs only;
AND UPON Mr Justice Chamberlain having made an order, dated 25 June 2025, that Barings Limited be added as a Defendant for the purposes of costs only;
AND UPON the Special Advocates making submissions in CLOSED on the 1 July 2025 that the Super-injunction should be discharged;
AND UPON hearing submissions from counsel for the Claimant, leading counsel for the Media Defendants and the Special Advocates, concerning the publication of material previously disclosed in OPEN (IN PRIVATE) in these proceedings, at hearings in OPEN (IN PRIVATE) and in CLOSED on 26 June, 1, 4, 7, 8, 11 and 14 July 2025;
AND UPON Mr Justice Chamberlain having made a ruling on 1 July 2025 as to redactions on national security grounds to certain parts of the material in the OPEN (IN PRIVATE) bundles in these proceedings (“the 1 July 2025 ruling”);
AND UPON the Claimant and the Media Defendants having subsequently agreed how the 1 July 2025 ruling should be applied to the remainder of the material in the OPEN (IN PRIVATE) bundles;
AND UPON the Claimant applying to the Court on 4 July 2025 to discharge the Super-injunction;
AND UPON the Media Defendants and the Special Advocates supporting the request for discharge of the Super-injunction;
AND UPON the Claimant agreeing to pay the costs of the Media Defendants of these proceedings on the standard basis, with such costs to be subject to detailed assessment if not agreed;
AND UPON the Claimant applying orally on 7 July 2025 for a further contra mundum interim non-disclosure order;
AND UPON hearing leading counsel for the Claimant and Media Defendants and the Special Advocate at hearings in OPEN (in private) and CLOSED on 7, 8, 11, 14, 15 and 17 July 2025;
AND UPON the Court having set out, in an order dated 25 June 2025 a separate timetable for resolution of Barings Limited’s costs application;
AND UPON the Court having made an Order, at a public hearing on 15 July 2025: (i) discharging the super-injunction previously made in these proceedings; (ii) making provision in respect of the Claimant’s dataset which was previously the subject of that super-injunction (“the Dataset”); (iii) restricting access to the Court file; and (iv) directing that the Claimant file a copy of the bundles in these proceedings redacted in accordance with the 1 July 2025 ruling;
AND UPON the Court having made a further Order, at the Claimant’s application, varying the 15 July 2025 Order to remove the prohibition on publishing a description of the contents of the case notes column of the Dataset save insofar as such publication is prohibited as containing personal data (“the 29 July Order”);
AND UPON the Claimant having prepared an updated copy of the OPEN (IN PRIVATE) bundles in these proceedings, redacted in accordance with the 1 July 2025 ruling and additionally on grounds of relevance and confidentiality (“the Non-Confidential OPEN bundle”);
AND UPON considering: (i) the Non-Confidential OPEN bundle and (ii) an OPEN (IN PRIVATE) schedule of redactions (“the Confidential Schedule”);
IT IS ORDERED as follows:
(1) Paragraphs 2-19 of the 15 July 2025 Order (as varied by the 29 July 2025 Order) are further varied in the following terms.
(2) The OPEN (IN PRIVATE) bundles in these proceedings comprise the following (“the IN PRIVATE material”):
(i) The OPEN (IN PRIVATE) bundle for the hearing on 9 May 2025;
(ii) The Supplementary OPEN (IN PRIVATE) bundle for the hearings on 1 and 7 July 2025;
(iii) The Fourth Witness Statement of Pia Sarma, dated 4 July 2025;
(iv) The OPEN (IN PRIVATE) version of the Ninth Witness Statement of Dominic Wilson, with exhibits, dated 4 July 2025;
(v) The OPEN (IN PRIVATE) gist of the Second Witness Statement of James Montagu, dated 10 July 2025;
(vi) The OPEN (IN PRIVATE) version of the Tenth Witness Statement of Dominic Wilson, dated 14 July 2025;
(vii) The letter to the Court containing the OPEN (IN PRIVATE) gist of the Eighth Witness Statement of Dominic Wilson, with additional text, dated 10 July 2025;
and
(viii) The OPEN (IN PRIVATE) version of the Rimmer Review, dated 14 July 2025.
(3) The Claimant is permitted to redact the IN PRIVATE material, listed in paragraph 1 (a)-(h) above, in accordance with the Confidential Schedule, in the form contained in the Non-Confidential OPEN bundle.
(4) Any person who, without the express consent of the Claimant:
(i) at the date of this Order has been in possession of; or
(ii) at the date of this Order is in possession of; or
(iii) at any time after the date of this Order comes into possession of:
(a) the database identifying the personal details and other data of ARAP and EGS applicants which contains more than 33,000 records and was subject to the Data Incident [hereafter, “the Dataset”];
or
(b) any extract or part thereof, or information that they know, believe or suspect to be derived from the Dataset [(a) and/or (b) together described hereafter as “the Protected Information”] must comply with any request (within seven days of that request) from the Claimant for delivery up of Protected Information and/or for the destruction of any copies of Protected Information, subject to paragraph (3).
(5) The Claimant must not make any such request of:
(i) any legal professional; or
(ii) any Media Defendant or any accredited journalist employed or engaged by any Media Defendant without first applying to the Court.
(6) Upon notification of such an application, any individual falling within paragraph (5) must not publish, disclose, disseminate or use the Protected Information until the Court makes an order of the Court permitting them to do so or the Claimant withdraws the application.
(7) Nothing in this Order shall prevent the publication, disclosure, dissemination or use of any information, contained in the Non-Confidential OPEN bundle or permitted to be published, disclosed, disseminated or used by any further order of the Court or with the express consent of the Claimant.
(8) Nothing in this Order shall prevent the publication, disclosure, dissemination or use of any information where this is permitted in accordance with the express consent of the Claimant in respect of the Media Defendants’ notes of hearings in these proceedings or in accordance with any order made by the Court.
(9) No person may publish, disclose or disseminate any personal data derived from the Protected Information, without the express consent of the Claimant and/or the data subject.
(10) No person may publish, disclose, disseminate or use any information derived from any hearing or document filed with the Court or from the Court’s records in these proceedings, save insofar as:
(a) publication, disclosure, dissemination and use is permitted under paragraphs (7)-(9) above; or
(b) the information is contained in any Order or judgment of this Court or the Court of Appeal in these proceedings that has been made public; or
(c) the Court has expressly permitted or the Claimant has expressly agreed to such publication, disclosure, dissemination or use.
(11) Nothing in this Order prevents reference to any of the Protected Information in the conduct or for the purpose of legal proceedings, subject to any restriction on the publication and/or disclosure of the Protected Information imposed by any court or tribunal seised of those proceedings. Where the Claimant is not a party to those proceedings, the parties to those proceedings are to put the Claimant on notice of any reference to any of the Protected Information.
(12) Nothing in this Order prevents any person from referring to any of the Protected Information for the purpose of taking legal advice from a solicitor or counsel.
(13) Nothing in this Order prohibits the Claimant (acting for any legitimate purpose in connection with the Data Incident) from sharing any Protected Information with:
(a) Ministers or officials within the Ministry of Defence and/or any other government department or agency; and/or
(b) any law enforcement agency; and/or
(c) any foreign liaison partner; and/or
(d) any member or committee of either House of Parliament; and/or
(e) any other person.
(14) Any person provided with information under paragraph (13)(a)-(d) is not prevented by the terms of this Order from communicating that information to others for any corresponding legitimate purposes including the prevention of harm. Nothing in this Order prohibits the taking of steps by persons referred to in paragraph (13)(a)-(d) to prevent harm.
(15) No transcript or recording of any hearing in these proceedings it to be made available to the parties or to any third party without further order of this Court.
(16) The provisions in Part 5.4C of the CPR dealing with access to and the supply of documents from the Court records do not apply in respect of the records of the Court in these proceedings, including the Claim Form and any statements of case, written evidence or submissions or other documents filed by the parties (“the Court file”); and the Court file is to be kept securely at all times in the custody of the Court Service at the Royal Courts of Justice and is not be searched or inspected by anyone (other than officials of the Court acting in the exercise of their duties as such) without the permission of the Court; and
(i) Pursuant to CPR r.5.4C(4)(c) any non-party seeking access to any document on the Court file shall only be permitted to obtain the copy of the document that is contained in the Non-Confidential OPEN bundle.
(ii) Pursuant to CPR r.5.4D(2), any non-party seeking access to any document on the Court file that is not contained in the Non-Confidential OPEN bundle must make an application on 7 days’ notice to the Claimant and Media Defendants; and any application to vary this paragraph shall also be made on 7 days’ notice to the Claimant and the Media Defendants.
(17) For the avoidance of doubt:
(i) Nothing in this Order shall prevent the Claimant or any government minister, department or agency from complying with their duties of candour or disclosure obligations in any other litigation or affect what a court or tribunal may do or say in such litigation.
(ii) Nothing in this Order shall prevent disclosure of any matters in the course of Parliamentary proceedings.
(18) A copy of this Order shall be posted on the Judiciary website but the Confidential Schedule shall not be published.
(19) Liberty to apply.