Prior and others -v- Commissioner of Police of the Metropolis (Minute of Order)

Judgment

Claim Nos. QB-2019-001742/43

In the High Court of Justice
Queen’s Bench Division

18 June 2021

 

Before:

The Honourable Mr Justice Kerr

Between:

(1) Richard Prior and others
(2) Justin Fielding and others

-v-

Commissioner of Police of the Metropolis

MINUTE OF ORDER [2]:
PRIVACY ETC

UPON the Court having listed a Pre-Trial Review

AND UPON the Defendant’s two applications of 14 May 2021

AND UPON the Court being satisfied that the Defendant’s application was properly served on the Press Association

AND UPON hearing Counsel for the Claimants and Leading Counsel for the Defendant

AND UPON hearing a member of the press on the Defendant’s application that the hearing of her two applications being held in private

AND UPON the Court being satisfied that publicity would defeat the object of the hearing of the Defendant’s two applications and that it is necessary to sit in private to secure the proper administration of justice

IT IS ORDERED THAT:

  1. Pursuant to CPR 32.13(2) all witness statements and exhibits thereto shall not be open to inspection without the permission of a Judge.
  2. Pursuant to CPR 5.4C(4), any person who is not a party to the proceedings may not obtain or inspect the trial bundle or any Skeleton Arguments filed by the parties without the permission of a Judge.
  3. Any application for permission pursuant to paragraphs (2) and / or (3) above must be made on notice to the parties.
  4. Further to the Orders of Master Yoxall sealed on 29thMay 2019 which, for the avoidance of doubt shall continue, pursuant to CPR 39.2(4), the requirement of paragraph 18.1(2) of Practice Direction 32 (that all witnesses must provide a residential address on their witness statements) be dispensed with in relation to all other witnesses giving evidence, and that the witnesses be permitted to use a care of address in the alternative.
  5. Pursuant to CPR 39.2(3), the trial shall be conducted in accordance with the following directions:
    1. The parties and witnesses shall use the agreed Cipher Lists when referring to ciphered individuals and / or locations.
    2. The parties’ opening and closing submissions shall be in heard in public.
    3. Subject to sub-paragraph (d) below, all witnesses shall produce their witness statements, provide their name and care of address, and be asked to confirm the correctness of their statement(s) in public.
    4. Any witness (whether or not also a claimant) not wishing to provide his or her name in public may ask the court (though counsel for the party calling him or her) for leave not to do so and the court will decide.
    5. There shall be no further examination in chief without the leave of the Court.
    6. Witnesses may be asked questions and give evidence in public only with the express prior leave of the court and only about matters not falling within sub-paragraph (h) below.
    7. Subject to sub-paragraphs (c), (d), (e) and (f) above, the witnesses identified in Confidential Annex A shall thereafter give their evidence in private.
    8. No witness shall be asked questions about, or provide evidence as to, any of the following matters in public:
      1. Shift start and end times and / or the duration of shifts, actual or notional.
      2. Any location of any kind howsoever described and / or any distance(s) between locations.
      3. The types and categories of officers, officers’ duties and / or whether officers (or categories or sub-categories of officers) were, are or may have been or be armed or not.
      4. The numbers and types of officers deployed to particular duties and / or the kinds of duties performed.
      5. All principals and / or their family members and / or the terms used to identify principals and / or their family members, whether by call sign, cipher or otherwise, and evidence about any arrangements for the protection of principals (including deployments, recces/advances, and post-incident procedures) whether by the Claimants or others.
      6. Any evidence about weapons, including but not limited to: when they are carried or not; types of weapons; where weapons are stored and not stored; and whether weapons are retained or not retained at particular times or for particular periods.
      7. The existence or otherwise of any security measures which may be in place.
  1. The parties have liberty to apply to the Court (by correspondence and not by way of application notice and / or with evidence) to add to or vary the above list of matters.
  2. The balance of the Defendant’s applications are otherwise adjourned without a date with liberty to restore.
  3. The above orders shall be kept under review and may be amended by the Court at any stage.
  4. A copy of this Order, save for Confidential Annex A, shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk). Any person who is not a party to the proceedings may apply to attend the hearing and make submissions, or apply to set aside or vary the order.
  5. Costs in the case.