DXR -v- Mixit Concrete Ltd (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: KB-2023-001860

In the High Court of Justice
King’s Bench Division

29 November 2023

Before:

Paul Bowen KC (sitting as a Deputy Judge of the High Court)

Between:

DXR (A Protected Party by his Litigation Friend RXR)

-v-

Mixit Concrete Ltd

Order

BEFORE Paul Bowen KC (sitting as a Deputy Judge of the High Court) at the Royal Courts of Justice, The
Strand London WC2 on 29th November 2023

AND UPON the Court hearing from Mr Brewster, a member of the press who made no submissions in
relation to this Application

AND UPON consideration of the Claimant and of the Litigation Friend’s Article 8 right to respect for private
and family life and the Article 10 right to freedom of expression

AND UPON IT APPEARING that non-disclosure of the identity of the Claimant and of the Litigation Friend
is necessary in order to protect their interests

AND PURSUANT to section II of the Contempt of Court Act 1981 and rules 5.4C, 5.4D and 39.2(4) of the
Civil Procedure Rules

WHEREAS the Claimant has made a claim (the “Claim”) against the Defendant for personal injuries suffered
following a workplace accident and in respect of which proceedings were commenced by the Claimant
against the Defendant in the High Court of Justice, Queen’s Bench Division.

AND WHEREAS the Claimant is a Protected Party and brings the Claim by his son and Litigation Friend, RXR.

IT IS ORDERED: –

  1. That the identity of the Claimant and of Litigation Friend be not disclosed.
  2. That the Claimant and the Litigation Friend be described in all statements of case and other documents to be filed or served in the proceedings and in any judgment or order in the proceedings and in any report of the proceedings by the press or otherwise as “DXR” and “RXR” respectively.
  3. That the address of the Claimant and of the Litigation Friend be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Claimant’s solicitors.
  4. That in so far as necessary, any statement of case or other document disclosing the Claimant’s name or address or the name or address of the Litigation Friend already filed in the proceedings be replaced by a document describing such name or address in anonymised form as above.
  5. That the original of any such document disclosing the name or address of the Claimant and of the Litigation Friend is to be placed on the Court file marked confidential ”not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”.
  6. That a non-party may not inspect or obtain a copy of any document on or from the Court file (other than this order duly anonymised as directed) without the permission of a Master or District Judge. Any application for such permission must be made on notice to the Claimant and the Litigation Friend, and the Court will effect service. This file is to be retained by the Court and marked ”Anonymised”.
  7. That reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant and of the Litigation Friend. The publication of the name and address of the Claimant or any member of the Claimant’s immediate family or the name and address of the Litigation Friend is prohibited.
  8. That any non-party affected by this Order may apply on notice to all parties to have this Order set aside or varied.
  9. A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk) pursuant to the provisions of CPR r.39.2 and in that copy the Claimant shall be referred to as “DXR” and the litigation friend as “RXR”.
  10. Costs in the case.