Docsity
Docsity

Prepare for your exams
Prepare for your exams

Study with the several resources on Docsity


Earn points to download
Earn points to download

Earn points by helping other students or get them with a premium plan


Guidelines and tips
Guidelines and tips

Court Order in Football Club Lawsuit: Witness Identity Protection and Trial Dates, Study notes of Federal Courts

A court order from the high court of justice, queen’s bench division, regarding a lawsuit involving chelsea football club limited and several claimants. The order includes provisions for witness identity protection, responses to part 18 requests, re-amending defenses, setting aside or varying orders, and trial dates. The order also includes instructions for costs and interim payments.

What you will learn

  • What are the provisions for witness identity protection in this court order?
  • What are the instructions for re-amending defenses in this court order?
  • What are the instructions for responses to Part 18 Requests in this court order?

Typology: Study notes

2021/2022

Uploaded on 09/12/2022

rechel--
rechel-- 🇬🇧

4.6

(10)

229 documents

1 / 2

Toggle sidebar

This page cannot be seen from the preview

Don't miss anything!

bg1
1
In the HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Before the Honourable Mrs Justice Stacey
Claim No
QB-2018-005537
QB-2018-000151
QB-2018-000091
QB-2018-005169
Fee Account
Number PBA0083049
ORDER
Claimant
(including ref)
AXM, ZXQ, YXC and RXS
DNO53436.00001
Defendant(s)
(including ref) Chelsea Football Club Limited
UPON hearing Counsel for the Claimants and Counsel for the Defendant.
AND UPON the Defendant, through its Counsel, agreeing to provide a copy of the application
notice and any evidence in support of the application made to Master McCloud for permission
to rely upon the witness summaries, referred to in her order dated 26 January, by 4 pm on 25
May 2021.
AND UPON it appearing that the application bundle inadvertently contains references to the real
name of the witness who otherwise is known as BXA in these proceedings.
AND UPON consideration of BXA’s Article 8 right to respect for private and family life and the Article
10 right of freedom of expression and that the case is likely to attract publicity and that revealing
the identity of BXA is likely unfairly to damage the interests of BXA and that, accordingly, publication
of details revealing BXA’s identity ought to be prohibited.
IT IS ORDERED THAT:
1. There should be no publication of BXA’s real name in connection with these
proceedings, pursuant to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D
and CPR Rule 39.2(4) and the inherent jurisdiction of the court.
2. The Defendant shall provide substantive responses to the Claimants’ Part 18 Request
dated 2 February 2021 by 4 pm on 6 July 2021 (save in respect of paragraph 5 of that
Request).
pf2

Partial preview of the text

Download Court Order in Football Club Lawsuit: Witness Identity Protection and Trial Dates and more Study notes Federal Courts in PDF only on Docsity!

In the HIGH COURT OF JUSTICE QUEEN’S BENCH DIVISION Before the Honourable Mrs Justice Stacey

Claim No

QB-2018-

QB-2018-

QB-2018-

QB-2018-

Fee Account Number PBA

ORDER Claimant

(including ref)

AXM, ZXQ, YXC and RXS DNO53436.

Defendant(s) (including ref) Chelsea Football Club Limited

UPON hearing Counsel for the Claimants and Counsel for the Defendant.

AND UPON the Defendant, through its Counsel, agreeing to provide a copy of the application notice and any evidence in support of the application made to Master McCloud for permission to rely upon the witness summaries, referred to in her order dated 26 January, by 4 pm on 25 May 2021.

AND UPON it appearing that the application bundle inadvertently contains references to the real name of the witness who otherwise is known as BXA in these proceedings.

AND UPON consideration of BXA’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression and that the case is likely to attract publicity and that revealing the identity of BXA is likely unfairly to damage the interests of BXA and that, accordingly, publication of details revealing BXA’s identity ought to be prohibited.

IT IS ORDERED THAT:

  1. There should be no publication of BXA’s real name in connection with these proceedings, pursuant to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4) and the inherent jurisdiction of the court.
  2. The Defendant shall provide substantive responses to the Claimants’ Part 18 Request dated 2 February 2021 by 4 pm on 6 July 2021 (save in respect of paragraph 5 of that Request).
  1. The Defendant shall also, if so advised, have permission to re-amend its Defences by 4 pm on 6 July 2021 to aver (1) that the abuse, particularised as ‘Particulars of Abuse’ in each of the Particulars of Claim, is denied and to set out what, if any, its positive case is in respect of each allegation of abuse and (2) whether it will assert that any or all (and, if so, which) of the abusive language alleged was acceptable by the standards of the day.
  2. The time for making an application to set aside or vary the terms of the order of Master McCloud dated 26 January 2021 (referred to above) be extended until 22 June 2021.
  3. The CMC directions made by Master McCloud dated 16 March 2020 be varied so that the estimated length of trial shall be increased from 15 days to 25 days in the trial window commencing on 7 March 2022, unless a longer trial cannot be accommodated by Queen’s Bench Judge’s Listing (“Listing”), in which case the trial shall be fixed on a date as soon as practically possible thereafter, with the parties filing with Listing their availability for such a trial, preferably agreed with a single point of contact within 28 days of being notified by Listing that the current trial date cannot be kept.
  4. The Defendant shall pay 85% of the Claimants’ costs of and occasioned by this application, such costs to be the subject of a detailed assessment, if not agreed.
  5. The Defendant shall make an interim payment on account of the Claimant’s costs in the sum of £23,000 by 4 pm on 25 May 2021.

Dated the 11 May 2021