R Ltd and others -v- RBS

Judgment

Claim No. G90MA082

IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION

MANCHESTER CIVIL JUSTICE CENTRE

5 MARCH 2020

Before:

The Hon Mr Justice Kerr

Between:

R Limited

S Limited

T Limited

-v-

RBS Invoice Finance Limited, 250 Bishopsgate, London, EC2M 4AA

Persons unknown

PENAL NOTICE IMPORTANT:

This Order prohibits you from doing the acts set out in this Order. You should read it carefully and are advised to consult a solicitor as soon as possible. You have a right to ask the Court to vary or discharge this Order.

If you disobey this Order you may be found guilty of Contempt of Court and any of your directors may be sent to prison or fined and you may be fined or your assets may be seized.

UPON reading the documents in the application bundle, including the Claim Form issued by the Claimants on 4 or 5 March 2020, the witness statement of the managing director of the First Defendant dated 4 March 2020, and the application notice dated 4 March 2020 for urgent interim relief and for an anonymity order

AND UPON hearing Counsel for the Claimants on 5 March 2020

AND UPON the court accepting the undertakings in the Schedule to this Order.

IT IS ORDERED that:

  1. Until the further hearing of this matter at 3pm on Monday 9 March 2020 (“the return date”) or further order, the three Claimant companies shall pursuant to CPR rule 39.2(4) not be identified and shall be referred to as set out in the title to this Order.
  2. Pursuant to CPR rule 39.2(5) a copy of this order shall be published on the website of the Judiciary of England and Wales.
  3. Up to and including the further hearing of this matter on the return date or until further order the First Defendant must not disclose without the Claimants’ permission the data referred to in the witness statement of the managing director of the First Defendant as “the report”, containing information confidential to the Claimants.
  4. Upon being served with a copy of this Order, the First Defendant shall as soon as reasonably practicable forward a copy of this Order to any person of whose identity the First Defendant is aware, whom the First Defendant is able to contact and to whom the First Defendant has already sent a copy of the report containing information confidential to the Claimants.
  5. The address of the Claimants be stated in all statements of case and other documents to be filed or served in the proceedings as c/o the address of the Claimant’s solicitors.
  6. A non-party may not, without the permission of a Judge, Master or District Judge of the Queen’s Bench Division, inspect or obtain any copy statement of case or document from the court file unless it has been anonymised in accordance with this Order and there has been redacted any information which might identify the Claimants.
  7. Any application for such permission (i.e. to inspect or obtain a non-anonymised version) must be made on notice to the Claimants and in accordance with CPR r. 5.4C (6) and the Court will effect service. The file is to be retained by the Court and marked “Anonymised”.
  8. The parties may apply to the Court at any time to vary or discharge this Order but if any party wishes to do so they must inform the other parties.
  9. Costs reserved.

The Claimants’ solicitors are: Leonard Curtis Legal Limited, Riverside House, Irwell Street, Manchester, M3 5EN

THE EFFECT OF THIS ORDER

  1. A Defendant who is an individual who is ordered not to do something must not do it himself or herself or in any other way. The First Defendant must not do it through others acting on the First Defendant’s behalf or on the First Defendant’s instructions or with the First Defendant’s encouragement.
  2. A Defendant which is a corporation and which is ordered not to do something must not do it itself or by its directors, officers, employees, agents or in any other way.

SERVICE OF THIS ORDER

This Order shall be served by the First Claimant on the First Defendant.

THE SCHEDULE

Undertakings given to the Court by the Claimants:

To pay any damages which the Defendants shall sustain by virtue of this order which the Court considers the Claimants should pay.

 

Claim No. G90MA082

IN THE HIGH COURT OF JUSTICE

QUEEN’S BENCH DIVISION

MANCHESTER CIVIL JUSTICE CENTRE

9 MARCH 2020

 

BEFORE:

THE HON MR JUSTICE KERR

BETWEEN:

(1) R Limited

(2) S Limited

(3) T Limited

-v-

(1) RBS Invoice Finance Limited

(2) Persons unknown

 

APPROVED ORDER

UPON reading the documents on the court file

AND UPON the parties having filed further evidence in relation to the Claimants’ application dated 4 March 2020, and the First Defendant having provided additional information as to the circumstances of the disclosure of the Claimants’ confidential data to the Second Defendant

AND UPON hearing Tom Longstaff of Counsel for the Claimants and Lisa Feng of Counsel for the First Defendant

IT IS ORDERED THAT

  1. The interim injunction granted on 5 March 2020 be discharged.
  2. Until further order the Claimants shall, pursuant to CPR r.39.2(4), not be identified and shall be referred to as set out in the title to this Order.
  3. Pursuant to CPR r.39.2(5) a copy of this Order shall be published on the website of the Judiciary of England and Wales.
  4. Paragraphs 5 to 7 of the order dated 5 March 2020 shall continue to apply until further order.
  5. The First Defendant shall pay 75% of the Claimants’ costs of its application dated 4 March 2020, which are summarily assessed in the sum of £9,377.25.
  6. The Claimants have permission (if so advised) to discontinue the claim against the Defendants on the basis that there be no order as to costs, save as set out above at paragraph 5.