June 7, 2024

Committal for Contempt of Court: RBT -v- YLA

High CourtKing's Bench DivisionMedia and Communications ListCommittal for Contempt of Court

Case No: KB-2024-001672

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

7 June 2024

Before:

Honourable Mrs Justice Steyn DBE

Between:

RBT

-v-

YLA

………………………………………………………………………………………………………………………………………………………………………………………..

PENAL NOTICE

IF YOU THE RESPONDENT DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED OR FINED OR HAVE YOUR ASSETS SEIZED.

ANY PERSON WHO KNOWS OF THIS ORDER AND DISOBEYS THIS ORDER OR DOES ANYTHING WHICH HELPS OR PERMITS ANY PERSON TO WHOM THIS ORDER APPLIES TO BREACH THE TERMS OF THIS ORDER MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.

NOTICE TO ANYONE WHO KNOWS OF THIS ORDER

You should read the terms of the Order and the Practice Guidance on Interim Non-Disclosure Orders very carefully. You are advised to consult a solicitor as soon as possible. This Order prohibits you from doing the acts set out in Paragraphs 6, and 11 of the Order and obliges you to do the acts set out in Paragraphs 7, 10, and 12 of the Order. You have the right to ask the Court to vary or discharge the Order. If you disobey this Order you may be found guilty of contempt of court and you may be sent to prison or fined or your assets may be seized.

THIS ORDER

1. This is an Injunction, with other orders as set out below, made against the Defendant on 7th June 2024 by the Judge identified above (the Judge) on the application (the Application) of the Claimant. The Judge:
   (a) read the witness statement referred to in Schedule A at the end of this Order, as well as the witness statement referred to in Confidential Schedule 1;
   (b) accepted the undertakings set out in Schedule B at the end of this Order; and
   (c) considered the provisions of the Human Rights Act 1998 (HRA), section 12.
2. This Order was made at an urgent hearing without-notice to those affected by it, the Court having considered section 12(2) HRA and being satisfied:
   ..
   (b) that there are compelling reasons for notice not being given, namely: the risk of the Defendant acting out his threats, including to publish material intended to harm the Claimant and third parties, in the event he was put on notice. The Defendant (and anyone served with or notified of this Order) have a right to apply to the Court to vary or discharge the Order (or so much of it as affects them): see clause 15 below.

RETURN DATE

3. The return date for this order is 21 June 2024, at 10.30am, at the Royal Courts of Justice, Strand, London WC2A 2LL. Time estimate: 2 hours.

ANONYMITY

4. Pursuant to section 6 HRA, and/or CPR 39.2 the Judge, being satisfied that it is strictly necessary, ordered that:
   (a) the Claimant be permitted to issue these proceedings naming the Claimant as “RBT” and giving an address c/o the Claimant’s solicitors;
   (b) the Claimant be permitted to issue these proceedings naming the Defendant as “YLA”;
   (c) there be substituted for all purposes in these proceedings in place of references to the Claimant by name, and whether orally or in writing, references to the letters “RBT”; and
   (d) if necessary, there be substituted for all purposes in these proceedings in place of references to the Defendant by name once identified and whether orally or in writing, references to the letters “YLA”.

ACCESS TO DOCUMENTS

5. Upon the Judge being satisfied that it is strictly necessary:
   (a) (i) no copies of the statements of case; and
   (ii) no copies of the witness statements and the application, will be provided to a non-party without further order of the Court.
   (b) Any non-party other than a person notified or served with this Order seeking access to, or copies of the abovementioned documents, must make an application to the Court, upon 72 hours written notice to the Claimant.

INJUNCTION

6. Until the return date or further Order of the Court, the Defendant must not whether by himself and / or any other person:
   (a) physically approach the Claimant or his family, whether at their homes, workplaces, or at all.
   (b) make any direct contact by any means (including telephone, text message, WhatsApp, email or social media) with the Claimant, his family, his business or his staff.
   (c) publish, communicate or disclose any information to any third party about the Claimant, his family, his business or his staff.
7. No later than 4pm on Friday 14th June 2024 the Defendant is to serve on the Claimant’s solicitor:
   (a) copies of all communications he has published, communicated or disclosed to any third party about the Claimant, his family, his business or his staff.
   (b) copies of all information obtained by the Defendant from the Claimant’s business which is either in his possession or the possession of third parties.
   (c) a witness statement (compliant with the Civil Procedure Rules) confirming:
   (i) his compliance with paragraph 6(a) and (b) above. In the event of his non-compliance, the Defendant is to set out his legal reasons for the same.
   (ii) the name, address, email address and telephone number of any third party recipient at paragraph 6(a) and (b) above as well as the date and means of each communication. Again, in the event of non-compliance, the Defendant is to set out his legal reasons for the same.
8. The Claimant’s “business” and “staff” are defined in Confidential Schedule 2.

ALTERNATIVE SERVICE

9. Pursuant to CPR 6.15(1) and CPR 6.27, upon the court being satisfied that there is good reason to do so, the Claimant is permitted to serve the claim form, the injunction and any other documents upon the Defendant by email and by WhatsApp using the Defendant’s email address and mobile telephone number contained in Confidential Schedule 2.

INFORMATION TO BE DISCLOSED

10. The Defendant shall by 4.00pm on Monday 10th June 2024 disclose to the Claimant’s solicitor an address for service of documents.

PROTECTION OF HEARING PAPERS

11. The Defendant must not publish or communicate or disclose or copy or cause to be published or communicated or disclosed or copied any witness statements and any exhibits thereto and information contained therein that are made, or may subsequently be made, in support of the Application or the Claimant’s solicitors’ notes of the hearing of the Application (the Hearing Papers), provided that the Defendant shall be permitted to copy, disclose and deliver the Hearing Papers to his legal advisers for the purpose of these proceedings.
12. The Hearing Papers must be preserved in a secure place by the Defendant’s legal advisers on the Defendant’s behalf.
13. The Defendant shall be permitted to use the Hearing Papers for the purpose of these proceedings provided that the Defendant’s legal advisers shall first inform anyone, to whom the said documents are disclosed, of the terms of this Order and, so far as is practicable, obtain their written confirmation that they understand and accept that they are bound by the same.

COSTS

14. The costs of and occasioned by the Application are reserved.

VARIATION OR DISCHARGE OF THIS ORDER

15. The parties or anyone affected by any of the restrictions in this Order may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first give written notice to the Claimant’s solicitors. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s solicitors in advance. The Defendant may agree with the Claimant’s solicitors and any other person who is, or may be bound by this Order, that this Order should be varied or discharged, but any agreement must be in writing.

INTERPRETATION OF THIS ORDER

16. A Defendant who is an individual who is ordered not to do something must not do it himself or in any other way. He must not do it through others acting on his behalf or on his instructions or with his encouragement.

PARTIES OTHER THAN THE CLAIMANT AND THE DEFENDANT

17. Effect of this Order
    It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized.

SCHEDULE A

The Claimant relied on the following witness statements:

1. Witness statement of Graham Paul Small dated 6th June 2024

SCHEDULE B

UNDERTAKINGS GIVEN TO THE COURT BY THE CLAIMANT

(1) If the Court later finds that this Order has caused loss to the Defendant, and decides that the Defendant should be compensated for that loss, the Claimant will comply with any order the Court may make.

(2) If the Court later finds that this Order has caused loss to any person or company (other than the Defendant) to whom the Claimant has given notice of this Order, and decides that such person should be compensated for that loss, the Claimant will comply with any Order the Court may make.

(3) By 4.30pm on Monday 10th June 2024 the Claimant will (a) issue a Claim Form claiming the appropriate relief and (b) cause a witness statement to be made and filed confirming the substance of what was said to the Court by the Claimant’s Counsel and exhibiting a copy of the Hearing Papers.

(4) By 4.00pm on Tuesday 11th June 2024 the Claimant will serve his Claim Form and Particulars of Claim on the Defendant.

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