PRACTICE DIRECTION 40F - NON-DISCLOSURE INJUNCTIONS INFORMATION COLLECTION SCHEME

Contents of this Practice Direction
Title
Annex

1.

This Practice Direction provides for a scheme for the recording, and transmission to the Ministry of Justice for analysis, of certain data in relation to injunctions(GL) prohibiting publication of private or confidential information. The purpose of the scheme is to enable the Ministry of Justice to collate and publish, in anonymised form, information about applications for injunctions where section 12 of the Human Rights Act 1998 is engaged.

2.

The scheme applies in any civil proceedings in the High Court or Court of Appeal in which the court considers an application for an injunction prohibiting the publication of private or confidential information, the continuation of such an injunction, or an appeal against the grant or refusal of such an injunction. The scheme does not apply to proceedings to which the Family Procedure Rules 2010 apply, to immigration or asylum proceedings, to proceedings which raise issues of national security or to proceedings to which Part 21 applies.

3.

An injunction to which this Practice Direction applies is called a ‘Non-disclosure injunction’.

4.

Except where a direction under paragraph 6 is made, following the hearing of an application for a non-disclosure injunction(GL) or any appeal against the grant or refusal of any such injunction the judge will record the following information in the form attached in the Annex (the information) –

(a) the claim or application number;

(b) whether the hearing was of –

(i) an application for an interim injunction;

(ii) an application for an extension or variation of an interim injunction;

(iii) an application for a final injunction; or

(iv) an appeal against the grant or refusal of an interim or final injunction.

(c) whether the hearing was on notice, or without notice to –

(i) the defendant; or

(ii) any third party liable to be affected by the order.

(d) whether the parties consented to the order;

(e) whether any derogations from the principle of open justice were sought, and if so –

(i) what they were;

(ii) whether they were granted;

(iii) if granted, whether with the parties’ consent.

5.

Derogations from the principle of open justice include, but are not limited to –

(a) an order that the hearing be held wholly or partly in private;

(b) an order that the names of one or more of the parties not be disclosed;

(c) an order that access to documents on the court file be restricted (under rule 5.4C or the inherent jurisdiction);

(d) an order that the provision of documents to third parties be restricted (under Practice Direction 25A, paragraph 9.2); and

(e) an order prohibiting disclosure of the existence of the proceedings or the order.

6.

Subject to any express direction to the contrary in the order, any order made by the court on an application for a non-disclosure injunction(GL) or appeal from the grant or refusal of such an injunction shall be deemed to include a provision giving permission to a court officer to transmit the information to the Chief Statistician in the Ministry of Justice in order for it to be analysed and published in such form as does not enable the public identification of the parties to any proceedings.

7.

If, in exceptional circumstances, the judge makes any direction under paragraph 6, the judge shall report that fact, and the nature of any derogation from open justice contained in the non-disclosure injunction to the Master of the Rolls. The Master of the Rolls is, following consultation with the judge, entitled to transmit such information as he sees fit to the Chief Statistician to enable publication by the Ministry of Justice of the bare fact that an injunction of that type had been made.

8.

Once completed the form in the Annex will be sent by a court officer to the Chief Statistician in the Ministry of Justice.

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