A further matter
155. After obtaining the AO, H&I has written to Bowers on 11 October 2023 (Hearing Bundle B2 page 428) enclosing the AO and stating:
“…should your client commence his threatened defamation proceedings against our client (“Threatened Proceedings”) it is most likely that you/your client will be in breach (which directly or indirectly) of the Anonymity Order, given that the two proceedings rely on the same factual matrix and, should those facts be made available to the public during the course of the Threatened Proceedings, members of the pubic would have little difficulty identifying our client as the Claimant in the DCEO proceedings.”
156. H&I then proposed that if the Respondent would proceed in the defamation action, the Claimant would consent for an anonymity order to be made in her favour in that action too.
157. During the hearing, Mr. Bartlett raised the question whether the AO (in particular the wordings used) meant that the Respondent (and his solicitors) would be stifled in naming the Claimant in a defamation action or risk a breach of a court order.
158. I think this matter is not relevant to the current application and in any case, premature: the Respondent has yet to commence any defamation action or make any application in that action regarding the issue. In any case, my decision in this application is to set aside the AO.