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SNV -v- Khayyat (anonymity order)

Claim No: QB-2020-001799

In the High Court of Justice

Queen’s Bench Division

1 Jun 2020

Before:

Master Davison

Between:

SNV

-and-

(1) Mr Moutaz Al Khayyat

(2) Mr Ramezl Al Khayyat

(3) Doha Bank Q.P.S.C.


UPON READING the Intended Claimants’ application by notice issued on 26 May 2020 and the witness statement of Richard Slade dated 26 May 2020 (“WS Slade”)
AND UPON considering the existing proceedings against Mr Moutaz Al Khayat, Mr Ramez Al Khayyat and Doha Bank Limited in claim no. QB-2019-002712 (“the Existing Proceedings”)
AND UPON Doha Bank Limited having issued an application challenging the jurisdiction of the court in the Existing Proceedings (“the Jurisdiction Challenge”)
AND UPON the orders dated 24 February and 11 May 2020 in the Existing Proceedings
AND UPON the Jurisdiction Challenge having been listed to be heard in a 2-day window opening on 16 November 2020 with a time estimate of 2½ days
AND UPON consideration of the Intended Claimants’ Article 8 right to respect for private and family life and the Article 10 right to freedom of expression
AND UPON IT APPEARING that non-disclosure of the identity of the Intended Claimants is necessary in order to protect the interests of the Intended Claimants and their families
IT IS ORDERED THAT:
1 The Intended Claimants are permitted to issue proceedings against the Intended Defendants without including their names and addresses on the claim form.
2 The Intended Claimants be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any correspondence sent by the court relating to these proceedings by alphabetic ciphers as set out in the Confidential Schedule to WS Slade.
3 The addresses of the Intended Claimants be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Intended Claimants’ solicitors.
4 The original of the Confidential Schedule to WS Slade and the Confidential Schedule to the Particulars of Claim (once served and filed at Court) are to be placed on the Court file in a sealed envelope marked “not to be opened without the permission of a Judge, Master or District Judge of the Queen’s Bench Division”.
5 Pursuant to CPR 5.4B and 5.4C(4):
a. The Defendants may not inspect or obtain from the Court file a copy of the Confidential Schedule to WS Slade or the Confidential Schedule to the Particulars of Claim (once filed at Court) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Intended Claimants, and the Court will
effect service.
b. A non-party may not inspect or obtain from the Court file a copy of the Confidential Schedule to WS Slade or the Confidential Schedule to the Particulars of Claim (once filed at Court) without the permission of a Master or District Judge. Any application must be made on notice to the Intended Claimants, and the Court will effect service.
c. The file is to be retained by the Court and marked “Anonymised”.
6 Notwithstanding CPR 32.12, the confidential schedule to WS Slade may not be used for any purpose other than these intended proceedings.
7 Time for service of the claim form and Particulars of Claim on the First and Second Defendants is extended to 28 days after determination of the Jurisdiction Challenge in the Existing Proceedings.
8 Time for service of the Particulars of Claim on the Third Defendant is extended to 28 days after determination of the Jurisdiction Challenge in the Existing Proceedings.
9 The Intended Claimants shall comply with CPR rule 23.9(2) by service on the Defendants of this order, the application notice and WS Slade, save that the Intended Claimants are permitted to serve WS Slade on the Defendants without the Confidential Schedule to WS Slade.
10 The Intended Defendants may apply under CPR rule 23.10 to have this Order set aside or varied.
11 Any non-party affected by this Order may apply on notice to all parties to have the Order set aside or varied.

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