Queen Mary University of London -v- LSY and others (anonymity order)

High CourtKing's Bench DivisionProperty, Trusts and Probate ListAnonymity Order

Claim Number: PT 2024 000483

In the High Court of Justice
Business and Property Courts of England and Wales
Property, Trusts and Probate List (CHD)

19 July 2024

Before:
Deputy Master Henderson

Between:

Queen Mary University of London

-v-

(1) LSY
(2) MBC
(3) Persons unknown in occupation of Queen Mary University of London
(4) FDE
(5) JST

Anonymity Order

UPON the Fourth and Fifth Defendants’ application notice dated 17 July 2024

AND IT APPEARING that non-disclosure of the identity of the Fourth and Fifth Defendants is necessary to secure the proper administration of justice and in order to protect the interests of the Fourth and fifth Defendants and that there is no sufficient countervailing public interest in disclosure.

AND the court making this order without a hearing and there being no representations from the Claimant, the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1988 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.

IT IS ORDERED THAT:

  1. The identities of the Fourth and Fifth Defendants as parties to these proceedings are confidential and shall not be published.
  2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Fourth and Fifth Defendants, or any details (including other names, addresses, or a specific combination of facts) that could lead to the identification of the Fourth and Fifth Defendants in these proceedings. The Fourth and Fifth Defendants shall be referred to as set out at paragraph 3 of this Order.
  3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
    a. The Fourth Defendant shall be referred to as “[FDE]”
    b. The Fifth Defendant shall be referred to as “[JST]”
    c. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Fourth and Fifth Defendants shall be redacted before publication.
  4. Pursuant to CPR Rules 5.4C 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 Fourth and Fifth Defendants’ solicitor, trustee or deputy.
  5. The Court file shall be clearly marked with the words “Anonymity orders were made in this case on 7 June 2024 in respect of the First and Second Defendants (which order was continued by an order dated 10 July 2024),
    and on 10 July 2024 and 19 July 2024 in respect of the Fourth and Fifth Defendants 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 the Orders dated 7 June 2024 and 19 July 2024.”
  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 Fourth and Fifth Defendants’ solicitor, trustee or deputy.
  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 be no order as to the costs of the Fourth and Fifth Defendants’ aforementioned application notice.
  9. This order shall be served by the Fourth and Fifth Defendants on the Claimant.