National Policing Improvements Agency v Total Downstream UK Plc & Ors. [2009] EWHC 943 (TCC)
[1]This case involves a claim by the National Police Improvement Agency (“NPIA”) against Total UK Limited (“Total”) arising out of the Buncefield incident. I have an application under rule 5.4C(4)(a) of the CPR for an order that a non-party may not obtain a copy of a statement of case under rule 5.4C(1).[2]For the reasons which were set out in an application which I heard on 12 January 2009, there are matters concerning the NPIA which I consider that they are justified in seeking to keep confidential. In order properly to plead their statements of case the parties wish to be free to refer to relevant confidential matters but would be unable to do so if copies of the statements of case could be made freely available to third parties.[3]I am persuaded that the confidentiality of matters concerning the NPIA justifies making an order but, as always, when the court makes an order there may be considerations of which the court is not aware which would mean that the court at some future date, on an application by a third party, may consider that the documents should be disclosed to that non-party. In those circumstances the appropriate order to make is that a non-party may not obtain a copy of a statement of case in these proceedings between NPIA and Total. This is subject to any further order and a direction that any person wishing to apply for an order that a statement of case be produced must make an application to the court and that such an application must be served on the parties to these proceedings.[4]In those circumstances NPIA and Total can now proceed to produce the necessary statements of case on the basis of the protection provided by this order.