Mr Taylor Bargh and others -v- Ministry of Defence (anonymity order)

King's Bench DivisionAnonymity Order

MILITARY COLD INJURIES LITIGATION

Claim Numbers: QB-2019-001608
QB-2019-000555
G90BS359
JP2BS042
G90BS261
QB-2020-000356
KB-2024-002754

In the High Court of Justice
King’s Bench Division

27 July 2025

Before:

Master Davison

Between:

MR. TAYLOR BARGH AND OTHERS

MR. RICHARD NEIL ADAMS AND OTHERS

MR. ABDUL-KHALID MOHAMA ACHIRI AND OTHERS

MR. SAMUEL THOMAS RAWSTHORN AND OTHERS

MR. BH

MR. ANDREW OATEN AND OTHERS

MR. GARETH HAYES AND OTHERS

-v-

Ministry of Defence

Order

Before Master Davison sitting at the Royal Courts of Justice on 24th July 2025

UPON HEARING Counsel for the Claimants and Counsel for the Defendant

AND UPON considering the Defendant’s Application Notice dated 20th June 2025

AND UPON:

  1. Consideration of the Article 8 rights of Witness ‘X’ and Witness ‘Y’ referred to in the Defendant’s application notice dated 20th June 2025 to respect for private and family life, and the Article 10 right to freedom of expression.
  2. Consideration of the decisions in PMC v A Local Health Board [2024] EWHC 2969 (KB) and JX MX v Dartfor & Gravesham MHS Trust [2015] EWCA Civ 96.
  3. The Court being satisfied on the facts of this case that:
    i) Non-disclosure of the identity of Witness ‘X’ and Witness ‘Y’, non-disclosure of the nature of the role in which Witness ‘X’ and Witness ‘Y’ are employed by the Defendant, and non-disclosure of the name of the military units of Witness ‘X’ and Witness ‘Y’ is necessary to secure the proper administration of justice and in order to protect the legitimate interests of the Defendant under Article 8;
    ii) There is no sufficient countervailing public interest in disclosure, notwithstanding the principle of open justice and the Article 10 rights of the public at large, having particular regard (as required by section 12(4) of the Human Rights Act 1998) to the importance of the right to freedom of expression; and
    iii) It is necessary and proportionate to make the Order set out below.
  4. The Court being satisfied that not to impose a reporting restriction would be incompatible with the Convention rights of Witness ‘X’ and Witness ‘Y’, and contrary to section 6 of the Human Rights Act 1998.
  5. The Claimant 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, sections 19(2)(b) and 37 of the Senior Courts Act 1981 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, but shall not require amendment to or removal of an existing lawful publication which is in the public domain.

IT IS ORDERED THAT:

  1. The following matters shall not be published, namely:
    a) The identity of Witness ‘X’;
    b) The identity of Witness ‘Y’;
    c) The nature of the role in which Witness ‘X’ is employed by the Defendant;
    d) The nature of the role in which Witness ‘Y’ is employed by the Defendant;
    e) The name of the military unit of Witness ‘X’; and
    f) The name of the military unit of Witness ‘Y’.
  2. Pursuant to CPR Rule 39.2(4) and sections 19(2)(b) and 37 of the Senior Courts Act 1981, there shall not be disclosed in any report of these proceedings or other publication the name or address or military unit or employed role of Witness ‘X’ and Witness ‘Y’, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of Witness ‘X’ and Witness ‘Y’ in these proceedings.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a) Witness ‘X’ shall be referred to as Witness ‘X’;
    b) Witness ‘Y’ shall be referred to as Witness ‘Y’; and
    c) Any other details which, on their own or together with other information publicly available, may lead to the identification of Witness ‘X’ and Witness ‘Y’ shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C(4) and 5.4D:
    a) 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(a) to (c) above.
    b) 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 Defendant’s solicitors.
  5. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 24th 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.”
  6. 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 Defendant’s solicitors.
  7. 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.
  8. There shall be no order as to the costs of the application.