Prior and others -v- The Commissioner of Police of the Metropolis (privacy order)

Court of Appeal Criminal DivisionHigh CourtQueen's Bench DivisionPrivacy Order

Claim No: QB-2019-001742/43

In the Court of Appeal
On appeal from the High Court of Justice
Queen’s Bench Division

12 April 2022

Lord Justice Bean

1. Richard Prior and others
2. Justin Fielding and others
The Commissioner of Police of the Metropolis

UPON reading the proposed directions of the Claimants/Appellants and the Defendant/Respondent
AND UPON reading Minute of Order [2] Privacy Etc. of Mr Justice Kerr sealed on 18 June 2021
AND UPON the Court being satisfied that it is necessary to make these directions to secure the proper administration of justice


1. Pursuant to CPR 5.4C(4), any person who is not a party to the proceedings may not obtain or inspect the application for permission to appeal bundle or the core appeal bundle or any supplementary bundle or any Skeleton Arguments filed by the parties or the Confidential Annex to the Judgment of Mr Justice Kerr (which shall remain confidential) without the permission of a Judge.
2. Any application for permission pursuant to paragraph (1) above must be made on notice to the parties.
3. Pursuant to CPR 39.2(3), the appeal hearing shall be conducted in accordance with the following directions:
a. The parties shall use the agreed Cipher Lists when referring to ciphered individuals and / or locations.
b. Subject to sub-paragraph 3(c) below, the parties’ submissions shall be heard in public.
c. No reference shall be made in open court to any of the following matters save to the extent that they are set out in the published judgment of Mr Justice Kerr:
(i) Shift start and end times and / or the duration of shifts, actual or notional.
(ii) Any location of any kind howsoever described and / or any distance(s) between locations.
(iii) The types and categories of officers, officers’ duties and / or whether officers (or categories or subcategories of officers) were, are or may have been or be armed or not.
(iv) The numbers and types of officers deployed to particular duties and / or the kinds of duties performed.
(v) 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 information about any arrangements for the protection of principals (including deployments, recces/advances, and post-incident procedures) whether by the Claimants/Appellants or others.
(vi) Any information 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.
(vii) The existence or otherwise of any security measures which may be in place.
d. 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.
4. The above orders shall be kept under review and may be amended by the Court at any stage.
5. A copy of this Order shall be published on the website of the Judiciary of England and Wales (which may be found at Any person who is not a party to the proceedings may apply to attend the appeal hearing and make submissions, or apply to set aside or vary this Order.
6. Costs in the case.