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England and Wales High Court (Queen's Bench Division) Decisions
You are here: BAILII >> Databases >> England and Wales High Court (Queen's Bench Division) Decisions >> Greystoke v The Financial Conduct Authority  EWHC 1011 (QB) (28 April 2020)
Cite as:  EWHC 1011 (QB)
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QUEEN'S BENCH DIVISION
MEDIA AND COMMUNICATIONS LIST
Strand, London, WC2A 2LL
B e f o r e :
| Mr Andrew Lawrence Greystoke
|- and -
|The Financial Conduct Authority
Jen Coyne (instructed by The Financial Conduct Authority) for the Defendant/Applicant
Hearing date: 23 April 2020
Crown Copyright ©
Covid-19 Protocol: This judgment was handed down by the Judge remotely by circulation to the parties' representatives by email and release to Bailii. The date and time for hand-down is deemed to be 28 April 2020 at 10:00.
Mrs Justice Steyn :
i) Pursuant to CPR 39.2(3)(c) and/or (g), the court shall sit in private for any part of the trial during which the confidential material is addressed;
ii) Certain documents which contain details of the confidential information will not be provided to any non-party, or open to inspection by any third parties during the course of the trial, without further order of the court; and
iii) Any application by a non-party for copies of any such documents shall be determined at an oral hearing on notice to the parties, and the parties shall be provided with an opportunity to be heard before the application is determined.
The nature of the hearing of the application
"A hearing, or any part of it, must be held in private if, and only to the extent that, the court is satisfied of one or more of the matters set out in sub-paragraphs (a) to (g) and that it is necessary to sit in private to secure the proper administration of justice
(a) publicity would defeat the object of the hearing;
(c) it involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality;
(g) the court for any other reason considers it to be necessary to secure the proper administration of justice."
The form of this judgment
"that the Defendant provides him with access to his personal data pursuant to Article 15 of [the GDPR] as requested in his letters dated 6 June 2018, 17 July 2018 and 8 January 2019 and pays him his costs of this claim. The Defendant has confirmed that it holds the Claimant's personal data but has refused to provide the Claimant access to any of it or provide information as to the categories of personal data concerned (relying on Article 12(5)(b) GDPR)."
The applicable principles
"With limited exceptions, the English courts administer judgment in public, at hearings which anyone may attend with the limits of the court's capacity and which the press may report."
"(1) A witness statement which stands as evidence in chief is open to inspection during the course of the trial unless the court otherwise directs.
(2) Any person may ask for a direction that a witness statement is not open to inspection.
(3) The court will not make a direction under paragraph (2) unless it is satisfied that a witness statement should not be open to inspection because of
(a) the interests of justice;
(b) the public interest;
(c) the nature of any expert medical evidence in the statement;
(d) the nature of any confidential information (including information relating to personal financial matters) in the statement; or
(e) the need to protect the interests of any child or protected party.
(4) The court may exclude from inspection words or passages in the statement."
i) The third and fourth witness statements of Anila Bedi (including exhibits);
ii) The second and third witness statements of Andrew Greystoke (including exhibits);
iii) The application notice;
iv) The parties' skeleton arguments for the hearing of this application;
v) Any confidential schedules or annexes to documents used in the proceedings after the date of the hearing of this application; and
vi) Certain inter partes correspondence which refers to the confidential information.