QB-2022-001098 - [2025] EWHC 1768 (KB)

I am satisfied that the hearing of this review was properly notified in accordance with paragraph 15 of the Ellenbogen Order. Ms Stebbing’s seventh witness statement details the steps taken, including uploading documents to the webpage, placing copies in clear plastic containers at the Sites, and sending emails to relevant addresses for the First, Second, and Third Defendants. In relation to D4 and D5, service was by email, and where delivery failures occurred for D4, extra measures were taken to provide the information by first-class post.

Mr Morshead submitted that the provisions at paragraph 15.1 of the present Order were becoming unwieldy to operate in practice because of the accumulation of documentation produced as a result of the further hearings following the grant of relief. He suggested that if the order were to continue then it would be sensible and necessary to remove the requirement for full paper copies of documents to be deposited, other than the orders themselves (as provided for at paragraph 12), in favour of the links already given on the Warning Notices (see further below) which point to the relevant documents online by means of a link to a website. I agree that requiring the Claimants to maintain a growing library of material at the Sites, in ever larger plastic boxes, is unsatisfactory and may well prove unworkable in future. The solution suggested will meet the requirement to serve the material concerned in an effective way. Links to a website may indeed prove to be a more satisfactory arrangement.