Judgments

HSBC Bank plc v 5th Avenue Partners Ltd and others 2005 Folio 841:

  1. This order applies to publication of all parts of these proceedings, save to the extent that such publication complies with paragraph 3 of this order or with a permission order as defined in paragraph 4.
  2. Until verdicts are returned on all counts in the criminal proceedings brought by the Crown against Michael Brown, or until further order, there shall be no publication of any part of the present proceedings.
  3. This order shall not prohibit publication of information contained in the public statement in the Annex to this order.
  4. This order shall not prohibit publication of these proceedings, or any part of these proceedings, if such publication is in accordance with the terms of a permission order, that is, an order made by the judge of the Crown Court dealing with the trial of the criminal proceedings brought by the Crown against Michael Brown and permitting such publication on such terms as may be thought appropriate.
  5. Any interested person, including any representative of the media, may apply to set aside, stay or vary this order. Unless there is good reason to the contrary, any such application shall be made in writing and supported by a witness statement served on all parties in the proceedings not less than 1 clear working day beforehand.

Annex to the order of Mr Justice Walker dated 8 October 2007.

“Public Statement by Mr Justice Walker about proceedings in 2005 Folio 841:

The Commercial Court is due to hear evidence and argument over the next six weeks in a civil action brought by HSBC  Bank plc concerning aspects of the financial activities of Mr Michael Brown. Criminal charges have also been brought against Mr Brown in relation to aspects of his financial activities. As to his financial activities the Commercial Court is concerned that any jury which is empanelled to deal with the criminal charges should try the case only on the evidence at the criminal trial, and should not be influenced by whatever evidence and argument may emerge in the civil action. For that reason an order has been made postponing reporting of the civil action until all verdicts are delivered in the criminal trial. This order has been made with reluctance, for the court considers that freedom of expression is of vital importance. In the present case only a limited inroad on freedom of expression has been made. Members of the public and the press remain fully entitled to attend the hearing in the normal way. The only limitation on freedom of expression is that reports of the proceedings must be delayed until all verdicts are delivered in the criminal trial. If any relevant factor changes it will be open to the press and any party to raise this with the court and seek any appropriate change to the court’s order. For the time being, however, the only information that may be published about the civil action is that contained in this statement.