Prior & Ors -v- The Commissioner Of Police Of The Metropolis (privacy order)
Claim No: QB-2019-001742/43
IN THE COURT OF APPEAL
ON APPEAL FROM THE HIGH COURT OF JUSTICE
QUEEN’S BENCH DIVISION
Date: 12/04/2022
BEFORE:
LORD JUSTICE BEAN
Between:
1. RICHARD PRIOR AND OTHERS
2. JUSTIN FIELDING AND OTHERS
-v-
THE COMMISSIONER OF POLICE OF THE METROPOLIS
UPON reading the proposed directions of the Claimants/Appellants and the
Defendant/Respondent
AND UPON reading Minute of Order [2] Privacy Etc. of Mr Justice Kerr sealed
on 18 June 2021
AND UPON the Court being satisfied that it is necessary to make these
directions to secure the proper administration of justice
IT IS ORDERED THAT:
1. Pursuant to CPR 5.4C(4), any person who is not a party to the
proceedings may not obtain or inspect the application for permission to
appeal bundle or the core appeal bundle or any supplementary bundle or
any Skeleton Arguments filed by the parties or the Confidential Annex to
the Judgment of Mr Justice Kerr (which shall remain confidential)
without the permission of a Judge.
2. Any application for permission pursuant to paragraph (1) above must be
made on notice to the parties.
3. Pursuant to CPR 39.2(3), the appeal hearing shall be conducted in
accordance with the following directions:
a. The parties shall use the agreed Cipher Lists when referring to
ciphered individuals and / or locations.
b. Subject to sub-paragraph 3(c) below, the parties’ submissions
shall be heard in public.
c. No reference shall be made in open court to any of the
following matters save to the extent that they are set out in the
published judgment of Mr Justice Kerr:
(i) Shift start and end times and / or the duration of shifts,
actual or notional.
(ii) Any location of any kind howsoever described and / or
any distance(s) between locations.
(iii) The types and categories of officers, officers’ duties
and / or whether officers (or categories or subcategories
of officers) were, are or may have been or
be armed or not.
(iv) The numbers and types of officers deployed to
particular duties and / or the kinds of duties performed.
(v) All principals and / or their family members and / or
the terms used to identify principals and / or their
family members, whether by call sign, cipher or
otherwise, and information about any arrangements for
the protection of principals (including deployments,
recces/advances, and post-incident procedures)
whether by the Claimants/Appellants or others.
(vi) Any information about weapons, including but not
limited to: when they are carried or not; types of
weapons; where weapons are stored and not stored; and
whether weapons are retained or not retained at
particular times or for particular periods.
(vii) The existence or otherwise of any security measures
which may be in place.
d. The parties have liberty to apply to the Court (by correspondence
and not by way of application notice and/or with evidence) to
add to or vary the above list of matters.
4. The above orders shall be kept under review and may be amended by the
Court at any stage.
5. A copy of this Order shall be published on the website of the Judiciary of
England and Wales (which may be found at www.judiciary.uk). Any
person who is not a party to the proceedings may apply to attend the
appeal hearing and make submissions, or apply to set aside or vary this
Order.
6. Costs in the case.