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 applications for injunctive relief in civil proceedings to restrain the 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 non-disclosure orders 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 a non-disclosure order in civil proceedings to restrain the publication of private or confidential information., the continuation of such a non-disclosure order, or an appeal against the grant or refusal of such a non-disclosure order. The scheme does not apply to proceedings to which the Family Procedure Rules 2010 or the Court of Protection Rules 2017 apply, to immigration or asylum proceedings, to proceedings which raise issues of national security or to proceedings to which Part 21 applies.

3.

Except where a direction under paragraph 6 is made, following the hearing of an application for a non-disclosure order or any appeal against the grant or refusal of any such non-disclosure order—

(a) the legal representatives for the claimant and defendant will agree the information to be included in the Privacy Injunctions Statistics Form in the Annex to this practice direction (“the Form”) and the claimant’s legal representatives should send the completed Form to the judge or judge’s clerk;

(b) the judge will review and record the information specified in paragraph 4 (the information) in a final version of the Form.

4.

The information to be included in the Form is—

(a) the application number, parties and claim title (anonymised where appropriate);

(b) whether the hearing was of—

(i) an application for an interim non-disclosure order;

(ii) an application for an extension or variation of an interim non-disclosure order or an undertaking to the court;

(iii) an application for a final non-disclosure order; or

(iv) an appeal against the grant or refusal of an interim or final non-disclosure order;

(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 the defendant was—

(i) a news media organisation;

(ii) a social media platform;

(iii) a search engine;

(iv) an individual publisher;

(v) other – please specify;

(f) whether the claimant notified a third party that was—

(i) a news media organisation;

(ii) a social media platform;

(iii) a search engine;

(iv) an individual publisher;

(v) other – please specify;

(g) 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.

(Rule 39.2 provides for the general rule that a hearing is to be in public, and for the circumstances in which a hearing must be held in private.)

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 order or appeal from the grant or refusal of such a non-disclosure order 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 order, to the Master of the Rolls. The Master of the Rolls is , following consultation with the judge, entitled to transmit such information as the Master of the Rolls sees fit to the Chief Statistician to enable publication by the Ministry of Justice of the bare fact that a non-disclosure order of that type has been made.

8.

Once the final version of the Form has been completed, the judge will send it or cause it to be sent to the Chief Statistician at the Ministry of Justice.