Mr Robert Kearney -v- The Bar Standards Board (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Claim number: AC-2025-MAN-000091

In the High Court of Justice
King’s Bench Division
Administrative Court in Manchester

on appeal from The Bar Tribunal and Adjudication Service
Case Nos: 2020/0928 and 2021/4962

7 July 2025

Before:

Mrs Justice Hill DBE

Between:

Mr Robert Kearney

-v-

The Bar Standards Board

Order

BEFORE the Honourable Mrs Justice Hill DBE

IN THE MATTER OF the Appellant’s appeal pursuant to rules under Section 24 of the Crime and Courts Act 2013

UPON the application by the Respondent for an order for anonymity in respect of the persons who complained of sexual harassment and who are not parties to the proceedings

AND UPON both parties agreeing that steps should be taken to protect the lifetime anonymity of the persons who complained of sexual harassment

AND UPON the Disciplinary Tribunal having given anonymity to Person A, Pupil A and Pupil B throughout the Bar Tribunal and Adjudication Service (“BTAS”) proceedings

AND UPON it being unclear, and unnecessary to determine as part of either the Disciplinary Tribunal proceedings or the High Court proceedings, the legal issue of whether or not each of the persons who complained of sexual harassment made an allegation in a form which brings each within the automatic lifetime anonymity provisions of section 1 of the Sexual Offences (Amendment) Act 1992

AND UPON journalists having previously reported on proceedings at BTAS and in the High Court involving the parties

AND UPON consideration of the Article 8 rights of the persons who complained of sexual harassment to respect for private and family life

AND UPON consideration of the Article 10 right to freedom of expression

AND UPON it appearing that the lifetime anonymity of the persons who complained of sexual harassment is necessary in order to protect each of their interests and that there is no sufficient countervailing public interest in disclosure of their identities

AND PURSUANT to section 6 of the Human rights Act 1998; section 11 of the Contempt of Court Act 1981; and CPR rules 5.4C and 5.4D and 39.2(4)

BY CONSENT IT IS ORDERED THAT:

  1. The application for anonymity in respect of the persons who complained of sexual harassment is granted.
  2. With effect from 7 July 2025 and until further order there shall be no publication of any name, address, picture, or other information likely to lead to the identification of any of the persons who complained of sexual harassment namely Person A, Pupil A and Pupil B.
  3. For the avoidance of doubt, no matter shall be reported which may lead directly or indirectly to their identification.
  4. Publication means communication to the public or any section of the public and includes publication in a newspaper, broadcast, writing, or speech and includes publication on the internet or on social media.
  5. 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 orders 1-2 above.
  6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7 July 2025 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 person wishing to vary or discharge this Order must make an application, served on each party.
  8. Pursuant to CPR 39.2(5) and the Practice Guidance: Publication of Privacy and Anonymity Orders 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. Costs in the case.