TBB -v- Google LLC (anonymity order)
Claim No: QB-2022-002187
IN THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 12/07/2022
Before:
Master Cook
BETWEEN:
TBB
-v-
Google LLC
ANONYMITY ORDER
UPON READING the Applicant’s application for anonymity and the Application Notice
dated 07 JULY 2022 and Particulars of Claim of the Applicant in support, and the Confidential
version of the Claim Form filed with the Court which provides information of
the Parties’ identity on a confidential basis
AND UPON it appearing to the Court that the claim is one for personal data privacy
infringement under Data Protection Act 2018/GDPR which the identification in public
of the Claimant would frustrate the substantive claim and remedies sought
AND UPON the Court considering the provisions of CPR 39.2(4)
IT IS ORDERED THAT:
1. Disclosure of details revealing the Claimant’s identity ought to be prohibited under
CPR 39.2(4).
2. Until trial or further order in the meantime the Applicant be permitted to issue
and continue these proceedings naming the Applicant (whether orally or in writing)
as “TBB”.
3. The Claimant is permitted to give an address for service on the claim form as
being c/o the legal representatives on the record.
1. Anything which may identify the Claimant, shall be excluded from statements of
case or witness statements served in this action, and included in a separate
confidential schedule served with any statement of case.
2. A person who is not a party to this action may not obtain from the court records
any copy of any confidential schedule served with any statement of case or witness
statement, or the confidential version of the Claim Form. Any non-party
seeking access to or copies of any document (including any confidential schedule
or confidential claim form) from the Court file must make an application to
the Court, having previously given at least 3 days notice of the application to the
Parties by post.
3. If any non-party makes an application to the Court under CPR 5.4C(2) for permission
to obtain from the Court records a copy of any other document (including
for instance any confidential schedule attached to a statement of case or
witness statement), other than a statement of case, such non-party must give at
least 3 days notice of the application to the Parties by post.
4. Under CPR 39.2(4) any person who receives notice of the Application do not
disclose any information relating to the identity of the Applicant.
5. The Claimant shall within 14 days file this Order and upon receipt of the sealed
version from the Court serve the same on the Defendant together with the Application
and any evidence relied upon in support thereof.
Service out of the jurisdiction
6. The Claimant has permission to serve the Claim Form, Particulars of Claim and
any other documents in these proceedings on the Defendant in the United
States of America, via the Central Authority (The Senior Master c/o Foreign Process
Section Room E16 Royal Courts of Justice Strand London WC2A 2LL)
under the The Hague Convention on the Service Abroad of Judicial and Extrajudicial
Documents in Civil or Commercial Matters (the Defendant’s address for
service in the USA by the reciprocal Central Authority is Google Inc, Legal Department,
1600 Amphitheatre Parkway, Mountainview, California, 94043, or
elsewhere in the United States of America.
7. The Defendant has: –
a. 22 days after service of the Claim Form with attached Particulars of Claim
to file and Acknowledgment of Service under CPR 10 and/or an admission
under CPR 14; or
b. 22 days after service of the Claim Form with attached Particulars of Claim
to file a Defence or 36 days if the Defendant has filed an Acknowledgment
of Service under CPR 15.
13. The Defendant may apply under rule CPR 23.10 to have this Order set aside or
varied.
13. Any non-party affected by this Order may apply on notice to all
parties to have this Order set aside or varied.
14. The Costs of the Application are Costs in the Case.