Claim number: KB-2024-003440

In the High Court of Justice
King’s Bench Division
Media and Communications List

14 November 2024

Before:

The Honourable Mrs Justice Hill DBE

Between:

University and College Union

-v-

Person(s) Unknown
responsible for obtaining data from the Applicant’s IT systems on or
about 12 August 2024 to 16 August 2024 and/or who has disclosed or is
intending or threatening to disclose the information thereby obtained

PENAL NOTICE

IF YOU THE DEFENDANT(S) DISOBEY THIS ORDER YOU MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED OR FINED OR HAVE YOUR ASSETS SEIZED.

ANY PERSON WHO KNOWS OF THIS ORDER AND DISOBEYS THIS ORDER OR DOES ANYTHING WHICH HELPS OR PERMITS ANY PERSON TO WHOM THIS ORDER APPLIES TO BREACH THE TERMS OF THIS ORDER MAY BE HELD TO BE IN CONTEMPT OF COURT AND MAY BE IMPRISONED, FINED OR HAVE THEIR ASSETS SEIZED.

NOTICE TO ANYONE WHO KNOWS OF THIS ORDER

You should read the terms of the Order and the Practice Guidance on Interim Non-Disclosure Orders very carefully. You are advised to consult a solicitor as soon as possible. This Order prohibits you from doing the acts set out in Paragraphs 7 and 10 of the Order and obliges you to do the acts set out in Paragraphs 8, 9 and 11 of the Order. You have the right to ask the Court to vary or discharge the Order. If you disobey this Order you may be found guilty of contempt of court and you may be sent to prison or fined or your assets may be seized.

BEFORE the Honourable Mrs Justice Hill DBE sitting at the Royal Courts of Justice Strand London WC2A 2LL on 14 November 2024

UPON reading the papers filed earlier herein and the interim injunction made by Richard Spearman KC (sitting as a Deputy Judge of the High Court) (the Deputy Judge) on 17 October 2024 which was to last until the return date of 14 November 2024, the said injunction having been amended under the slip rule on 23 October 2024 (the Interim Injunction)

AND UPON the Court being satisfied that the Interim Injunction and the Claim Form and the Particulars of Claim and supporting documents have been served on the Defendant in accordance with the Interim Injunction

AND UPON reading the Claimant’s application dated 8 November 2024 and the witness statement and exhibits filed therewith (the Application)

AND UPON the Court noting that the Defendant has not complied with the requirements of the Interim Injunction or served or filed any documents in response or indicated any intention to instruct lawyers or engaged in or to defend the Claim.

AND UPON the Court:

• considering the provisions of the Human Rights Act 1998 (the ‘HRA’), section 12 and the service of documents provisions in both Orders;
• being satisfied it is appropriate to determine this application on paper having had regard to CPR r.23.8(c) and the guidance set out in Clarkson plc v Person or Persons Unknown [2018] EWHC 417 (QB);
• being satisfied it is proper to proceed with the determination of the application in the Defendant’s absence having had regard to CPR r.23.11 and s12(2), HRA;
  and
• being prepared to deal with the Application on the papers having had regard to CPR r.23.8(c) and paragraph 39 of the Practice Guidance: Interim NonDisclosure Orders [2012] 1 WLR 1003, because on the papers placed before the Court there have been no material developments since the Interim Injunction and there is no new information which would adversely weigh against continuing the Interim Injunction.
  
  AND UPON the Deputy Judge having ordered that England and Wales is the proper place in which to bring this claim, and granting the Claimant, if required, permission to serve the Claim Form and other documents outside of the jurisdiction pursuant to CPR rr.6.36 and 6.37(3) and PD 6B (21)
  
  NOW IT IS ORDERED THAT
  
  SERVICE

1. Pursuant to CPR 6.6, 6.15, 6.27, 6.36 and/or 6.37(5)(b)(i) and/or (ii), the Claimant has permission to serve the Claim Form and the Particulars of Claim (in redacted form) and any other documents, including this Order and any other documents for this application, on the Defendant or each of them by alternative method by using the communications channels provided by the Defendant or each of them, including the email address provided and report function on their website, service to be deemed effective (including retrospectively) by using any of these channels to send the documents, save that unless and until the Defendant or each of them provides to the Claimant’s solicitors their full name and an address for service, the Claimant is only required to serve on, or provide to, the Defendant, this Order excluding Confidential Schedule 1, the Claim Form, the Application Notice and the Particulars of Claim in redacted form excluding any confidential schedules.
   
   
   INJUNCTION relating to INFORMATION
2. Until trial or further order the Defendant or each of them must not use, publish or communicate or disclose to any other person or make available to be accessed by any other person (other than (i) by way of disclosure to legal advisers instructed in relation to these proceedings (the Defendant’s legal advisors) for the purpose of obtaining legal advice in relation to these proceedings or (ii) for the purpose of carrying this Order into effect) all or any part of the information referred to in Confidential Schedule 2 to this Order (the Information).
   
   DIRECTIONS
3. The Defendant or each of them must serve a Defence to the Particulars of Claim by 4pm on 12 December 2024.
4. If the Defendant or each of them serves a Defence, the Claimant must, if so advised, serve a Reply by 4pm on 16 January 2024.
5. If the Defendant or each of them does not serve a Defence, the Claimant must take such steps as they are advised to conclude the action, including but not limited to applying for default and/or summary judgment, any such application to be issued by Thursday 16 January 2024.
6. If the Claimant wishes to obtain wider injunctive relief having effect against any non-party, they must file an application notice and evidence in support by the same date. Any such documents must be served on any non-party whom it is intended to bind, but need not be served until that non-party has given an irrevocable undertaking to the court not to disclose any evidence which is asserted to be confidential.
   
   INJUNCTION FOR PROTECTION OF HEARING PAPERS
7. The Defendant or each of them must not publish or communicate or disclose or copy or cause to be published or communicated or disclosed or copied any witness statements and any exhibits thereto and information contained therein that are made, or may subsequently be made, in support of the Application or the Claimant’s solicitors’ notes the Application (the Hearing Papers), provided that the Defendant or each of them shall be permitted to copy, disclose and deliver the Hearing Papers to the Defendant’s or each of their legal advisers for the purpose of these proceedings.
8. The Hearing Papers must be preserved in a secure place by the Defendant’s legal advisers on the Defendant’s behalf.
9. Subject to paragraphs 2 and 7 above, the Defendant or each of them shall be permitted to use the Hearing Papers for the purpose of these proceedings provided that the Defendant’s or each of their legal advisers shall first inform anyone, to whom the said documents are disclosed, of the terms of this Order and, so far as is practicable, obtain by signing and undertaking as set out in Schedule B their written confirmation that they understand and accept that they are bound by the same.
   
   PROVISION OF DOCUMENTS AND INFORMATION TO THIRD PARTIES
10. The Claimant shall be required to provide to the legal advisers of any third party and where unrepresented, the third party, served with advance notice of the application or a copy of this Order and who the Claimant knows or believes are in possession of or have access to the Information, promptly upon request, and upon receipt of their written irrevocable undertaking to the Court to use those documents and the information contained in those documents only for the purpose of these proceedings as set out in Schedule B: a copy of the Hearing Papers and any materials read by the Judge, including material read after the hearing by the Judge or in compliance with this Order. In both cases, the Claimants can, if so advised, withhold confidential exhibits or schedules.
    
    PUBLIC DOMAIN
11. For the avoidance of doubt, nothing in this Order shall prevent the Defendant or each of them from publishing, communicating or disclosing such of the Information, or any part thereof, as was already in, or that thereafter comes into, the public domain in England and Wales (other than as a result of breach of this Order or a breach of confidence or privacy).
    
    COSTS
12. The costs of and occasioned by the Application are reserved.
    
    VARIATION OR DISCHARGE OF THIS ORDER
13. The parties or anyone affected by any of the restrictions in this Order who provides his or her name and address for service may apply to the Court at any time to vary or discharge this Order (or so much of it as affects that person), but they must first give written notice to the Claimant’s solicitors. If any evidence is to be relied upon in support of the application, the substance of it must be communicated in writing to the Claimant’s solicitors in advance. The Defendant or each of them may agree with the Claimant’s solicitors and any other person who is, or may be bound by this Order, that this Order should be varied or discharged, but any agreement must
    be in writing.
    
    INTERPRETATION OF THIS ORDER
14. A Defendant who is an individual who is ordered not to do something must not do it himself/herself or in any other way. S/he must not do it through others acting on his/her behalf or on his/her instructions or with his/her encouragement.
15. A Defendant which is not an individual which is ordered not to do something must not do it itself or by its directors, officers, partners, employees or agents or in any other way.
    
    PERSONS OUTSIDE ENGLAND AND WALES
16. (1) Except as provided in paragraph (2) below, the terms of this Order do not affect or concern anyone outside the jurisdiction of this Court.
    
    (2) The terms of this Order will affect the following persons in a country or state or international waters outside the jurisdiction of this Court –
    
    (a) the Defendant or his/her officer or agent appointed by power of
    attorney;
    
    (b) any person who –
    
    (i) is subject to the jurisdiction of this Court;
    
    (ii) has been given written notice of this Order at his/her residence or place of business within the jurisdiction of this Court; and
    
    (iii) is able to prevent acts or omissions outside the jurisdiction of this Court which constitute or assist in a breach of the terms of this Order; and
    
    (c) any other person, only to the extent that this Order is declared enforceable by or is enforced by a court in that country or state.
    
    PARTIES OTHER THAN THE CLAIMANT AND THE DEFENDANT
    
    Effect of this Order
17. It is a contempt of court for any person notified of this Order knowingly to assist in or permit a breach of this Order. Any person doing so may be imprisoned, fined or have their assets seized.

Order made 14th November 2024

SCHEDULE A

UNDERTAKINGS GIVEN TO THE COURT BY THE CLAIMANT

1. If the Court later finds that this Order has caused loss to the Defendant, and decides that the Defendant should be compensated for that loss, the Claimant will comply with any order the Court may make.

2. If the Court later finds that this Order has caused loss to any person or company (other than the Defendant) to whom the Claimant has given notice of this Order, and decides that such person should be compensated for that loss, the Claimant will comply with any Order the Court may make.
3. The Claimant will use all reasonable endeavours to keep third parties notified of this Order informed of the progress of the action insofar as it may affect them, including, but not limited to, advance notice of any applications, the outcome of which may affect the status of the Order.
4. If this Order ceases to have effect or is varied, the Claimant will immediately take all reasonable steps to inform in writing anyone to whom s/he has given notice of this Order, or whom s/he has reasonable grounds for supposing may act upon this Order, that it has ceased to have effect in this form.
5. Subject to paragraph 1 of the Order, the Claimant will serve on the Defendant and each of them, the application notice, evidence in support and this order as soon as practicable.

SCHEDULE B

DRAFT OF UNDERTAKING TO BE GIVEN TO THE COURT PURSUANT TO PARAGRAPHS 9 AND 10 OF THE ORDER

1. I, [insert name, occupation] [for and on behalf of ….] (hereinafter ‘the receiver’) promise than in consideration of the Claimant disclosing the material to the receiver, the receiver: will preserve the material in a secure place; use any material or information contained therein, or derived from such material or information, only for the purposes of the Proceedings except where (a) The information has been read to or by the court or referred to, at a hearing which has been held in public;
   
   (b) The court gives permission; or
   
   (c) There is an agreement in writing by the Claimant and by any other person who claims to be entitled to rights of property, privacy or confidentiality in respect of the information or the documents in which it is reported; and will only copy, disclose or deliver the material, or information contained therein, or derived from such material or information, to the receiver’s legal advisers or as required by law, by order of the Court or by agreeing of the Claimant and by any other person who claims to be entitled to rights of property or privacy or confidentiality in respect of the information or the documents in which it is recorded.
2. Save as provided in paragraph 1, this undertaking is irrevocable and shall continue in force both before and after the conclusion of the Proceedings.
3. The receiver will give to the court an undertaking in writing in the same terms as herein, as soon as a Judge is available to receive that undertaking.
4. For the purpose of this undertaking,
   
   “Material” refers to the material identified in paragraph 5 and Confidential Schedule A of the Order;
   
   “Claimant” includes an intended Claimant;
   
   “Proceedings” means the proceedings identified above.
5. For the avoidance of doubt, this promise does not apply to information which is, or shall have come into, the public domain (as defined in paragraph 15 of the Order)