VLM -v- LPB (anonymity order)

High CourtKing's Bench DivisionMedia and Communications ListAnonymity Order

Claim Number: KB-2023-000117

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

31 January 2023

Before:
Mr Justice Chamberlain

Between:
VLM
-v-
LPB


Order

UPON Steyn J’s order of 18 January 2023 (sealed 20 January 2023).

AND UPON the Claimant’s application for an interim injunction dated 23 January 2023 (“the Application”).
AND UPON the Application being listed for an on-notice hearing on Wednesday, 1 February 2023.
AND UPON the Defendant giving the following undertakings to the Court:

Until 4pm on Wednesday, 22 February 2023 or further order of the Court the Defendant undertakes not to:

(a) contact or communicate by any means with the Claimant, or any member of his family, including but not limited to his wife, father, siblings, cousins and children, or his friends, acquaintances or business associates, by WhatsApp, email,

telephone, social media or otherwise howsoever, or make, or cause any other person to make, demands for money of the Claimant, except that nothing in this undertaking prevents the Defendant from contacting the Claimant’s solicitors.

(b) use, publish or communicate or disclose to any other person other than

(i) by way of disclosure to legal advisors instructed in these proceedings for the purpose of obtaining legal advice in relation to these proceedings; or
(ii) to the legal advisors instructed by the parties in relation to the underlying dispute over the property referred to at paragraph 2 of the Confidential Schedule to this order (“the Property Dispute”) for the purposes of settlement discussions between the parties to the Property Dispute and/or to the extent necessary for the Defendant to assert any such legal rights as she may have in relation to the Property; or
(iii) for the purpose of carrying this Order into effect all or any part of the information referred to in paragraph 1 of the Confidential Schedule to this Order (“the Information”)

(c) publish, disclose or communicate any information which is liable to or might identify the Claimant as a party to the proceedings and/or as the subject of the Information or which otherwise contains material (including but not limited to the profession, business interests, age, disabilities or medical history of the Claimant) which is liable to, or might lead to, the Claimant’s identification in any such respect, provided that nothing in this undertaking shall prevent the publication, disclosure or communication of any information which is contained in this Order, other than in the Confidential Schedule, or in any public judgments of the Court.

AND UPON the Defendant confirming that she does not object to the grant of a reporting restriction order contained in paragraph 4 below
AND UPON the Judge being satisfied that that restriction is strictly necessary to secure the proper administration of justice and in order to protect the interests of the Claimant
AND UPON reading a consent order agreed between the parties

IT IS ORDERED as follows:

  1. The hearing of the Claimant’s Application, listed for 1 February 2023 is vacated.
  2. The hearing of the Application is relisted for Wednesday, 22 February 2023, with a time estimate of 2 hours 30 minutes.
  3. By 4pm on Monday, 20 February 2023 the Claimant must inform the Court whether that hearing is required.
  4. Pursuant to section 6 (1) of the Human Rights Act 1998 (and Article 8 ECHR) and/or CPR 39.2(4) and/or section 11 of the Contempt of Court Act 1981, CPR 5.4C and the inherent jurisdiction of the Court, no-one may publish, in connection with these proceedings, the name of the Claimant or any information likely to lead to the identification of the Claimant.
  5. The confidential schedule to this order is not to be made available to any non- party without further order.
  6. There is liberty to apply to anyone affected by the orders at 4 and 5 above, on 3 days’ notice to the parties’ solicitors, at the email addresses set out below.

Mr Daniel Gleek – Daniel.gleek@axiomdwfm.com
Ms Lupa Akthar – l.akthar@axiomdwfm.com
Mr Mahesh Madlani – m.madlani@axiomdwfm.com

Axiom DWFM
101 Wigmore Street London
W1U 1FA
Solicitors for the Claimant

AND
Mr Gerald Shamash – gerald.shamash@edslaw.co.uk Mr Axel Landin – Axel.Landin@edslaw.co.uk
Ms Nicola Murphy – nicola.murphy@edslaw.co.uk

Edwards Duthie Shamash Solicitors 12 Baylis Road
Waterloo London SE1 7AA
Solicitors for the Defendant