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England and Wales High Court (Queen's Bench Division) Decisions |
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You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Clarkson Plc v Person Or Persons Unknown [2018] EWHC 417 (QB) (06 March 2018) URL: http://www.bailii.org/ew/cases/EWHC/QB/2018/417.html Cite as: [2018] EWHC 417 (QB) |
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QUEEN'S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST
Strand, London, WC2A 2LL |
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B e f o r e :
____________________
Clarkson Plc |
Claimant |
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- and – |
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Person or Persons Unknown who has or have appropriated, obtained and/or may publish information unlawfully obtained from the Claimant's IT systems |
Defendant(s) |
____________________
____________________
Crown Copyright ©
Mr Justice Warby :
"But I am giving this public judgment, for three reasons. The first is to ensure that the principle of open justice is respected, and that the derogations from open justice that I am granting are publicly explained. As explained in the Master of the Rolls' Practice Guidance: Interim Non-Disclosure Orders [2012] 1 WLR 1003:
"9. Open justice is a fundamental principle. The general rule is that hearings are carried out in, and judgments and orders, are public: see Article 6(1) of the Convention, CPR 39.2 and Scott v Scott [1913] AC 417.
One exception to that general rule is provided for by CPR 23.8. Dealing with a case "on the papers" is not incompatible with the open justice principle. It is an incursion. The extent to which such an incursion should be allowed must depend on the circumstances of the particular case. The Guidance goes on:
"16. Interim non-disclosure orders which contain derogations from the principle of open justice cannot be granted by consent of the parties. Such orders affect the Article 10 Convention rights of the public at large. Parties cannot waive or give up the rights of the public. The court's approach is set out in [JIH v News Group Newspapers Ltd [2011] EWCA Civ 42 [2011] 1 WLR 1645] at [21]."
The same reasoning applies to final orders. Dealing with this application on the papers but with a public order and a (short) public judgment strikes an appropriate balance between the competing rights."
i) That the claimants could use a specified email address as an alternative method for service of the order itself, any other documents for the application, the Claim Form, Particulars of Claim and any other document. The email address was the one used by the defendant(s) to make the blackmail threats.
ii) That any Defence must be served by 4pm on 11 January 2018.
iii) That if the defendant(s) did not serve a Defence "the claimant must take such steps as it is advised to conclude the action, including but not limited to applying for default and/or summary judgment, any such application to be issued by 4pm on 22 February 2018." This part of the order was designed to ensure that the interim injunction did not remain in limbo, or remain in perpetuity.