Noel Anthony Clarke -v- Guardian News and Media Limited

High CourtKing's Bench DivisionMedia and Communications ListOrder

Claim Number: QB-2022-001397

In the High Court of Justice
King’s Bench Division
Media and Communications List

20 January 2025

Before:

The Honourable Mrs Justice Steyn DBE

Between:

Noel Anthony Clarke

-v-

Guardian News and Media Limited


Order for Reporting Restrictions

UPON the Defendant’s application by notice dated 6 January 2025

AND UPON considering the Third Witness Statement of Gaelyn Fuhrmann

AND UPON hearing Gavin Millar KC, Alexandra Marzec and Ben Gallop for the Defendant and Philip Williams, Arthur Lo and Daniel Jeremy for the Claimant at the pre-trial review in this action on 20 January 2024

AND UPON the Court being satisfied that the derogations from open justice which are contained in this Order are strictly necessary to protect the administration of justice in these proceedings and/or the Convention rights of relevant individuals

IT IS ORDERED THAT

1. The following matters shall be withheld from the public in these proceedings and must not be disclosed in any proceedings in open court:
a. The names of the persons identified in column 1 of the table in the Confidential Schedule to this Order (the ‘Anonymised Persons’);
b. The particular identifying matters identified in column 3 of the table in the Confidential Schedule to this Order;
c. The home addresses of the Anonymised Persons and of the individuals identified in the Confidential Schedule to the Amended Defence as Ava and Isabella.
d. The Confidential Schedule to this Order and the Confidential Exhibit to the Third Witness Statement of Gaelyn Fuhrmann.

2. Pursuant to section 11 of the Contempt of Court Act 1981, there must be no publication, in any report of or in connection with these proceedings, of
a. The identities of the Anonymised Persons or any matter likely to lead to the identification of the Anonymised Persons
b. The matters withheld under paragraph 1(b)-(d) above.

3. In open court and in any statement of case, skeleton argument or equivalent document produced for the purposes of this litigation and filed with the Court (including by way of inclusion in the trial bundle) there is to be substituted, in place of references to the Anonymised Persons, the pseudonyms set out in column 2 of the table in the Confidential Schedule to this Order.

4. The parties be permitted to use the real names of the Anonymised Persons in witness statements, but such statements must be clearly marked “confidential” so as to identify the need for redactions to be made pursuant to paragraph 5 below.

5. No non-party may, without the Court’s permission, obtain a copy of any statement of case, witness statement, skeleton argument or any other document in these proceedings unless it has been redacted or amended to comply with this order.

6. Any application pursuant to paragraph 5 must be made on 3 clear days’ notice to the parties.

7. Paragraphs 4 and 5 of the Order of Collins Rice J dated 17 January 2024 (as subsequently varied) be discharged. The Defendant shall produce for the trial a document, which shall be open to public inspection, which identifies the individuals referred to by pseudonym in the Amended Defence other than the Anonymised Persons.

8. Liberty to apply including to any third party affected by this order, such application to be made on at least 5 clear days’ notice and supported by evidence.

9. The anonymity order made in respect of Aria shall be reviewed by the Court at the trial or at such earlier hearing as the Court may direct.

10. Pursuant to CPR r 39.2(5) a copy of this order, but not the confidential schedule, shall be published on the website of the Judiciary of England and Wales.

11. Costs in the case.