HXK -v- TUI UK (anonymity order)

CivilCounty CourtAnonymity Order

Claim number: H74YX344

In the County Court at Norwich

22 July 2024

Before:

Deputy District Judge Berry
sitting at the County Court at Norwich

Between:

HXK
1st Claimant
-v-
TUI UK Ltd
1st Defendant

TUI UK Limited
1st Part 20 Claimant
-v-
CXD
1st Part 20 Defendant
Mr Apostolos Pettas
2nd Part 20 Defendant
Touristikes Kai Xenodohiakes
Epixirisis Petta AE (Reg No 124251724000)
3rd Part 20 Defendant

Order

On 7 June 2024 before Deputy District Judge Berry sitting at the County Court at Norwich, The Law Courts,
Bishopgate, Norwich, Norfolk, NR3 1UR.

UPON considering:

(1) The Claimant’s Particulars of Claim, the Part 20 Claims and the respective Defences of the Defendant, Third and Fourth Parties, and

(2) The Directions Questionnaires filed by the parties

AND UPON HEARING leading counsel for the Claimant and counsel for the Defendant, counsel for the Third Party and counsel for the Fourth Parties

AND UPON:

(1) Consideration of the Claimant’s Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression;

(2) It appearing that non-disclosure of the identity of the Claimant is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure;

(3) The Defendant, Third Party and Fourth Parties indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND UPON:

(4) Consideration of the Third Parties’ Article 8 rights to respect for private and family life and the Article 10 right to freedom of expression.

(5) It appearing that non-disclosure of the identity of the Third Party is necessary in order to protect the interests of the Claimant and that there is no sufficient countervailing public interest in disclosure;

(6) The Claimant, Defendant and Fourth Parties indicating its neutrality to the making of the order and there being no representations from the press or any other interested party.

AND PURSUANT to section 6 of the Human Rights Act 1998, section 11 of the Contempt of Court Act 1981,
and CPR 5.4C, 5.4D and 39.2(4).

WHEREAS:

(1) For the purposes of this order:

(i) ‘Publication’ includes any speech, writing, broadcast, or other communication in whatever form (including internet and social media), which is addressed to the public at large or any section of the public.

(ii) Publication for the purpose of this Order includes any further publication (as defined in subparagraph (i) above) from the date of this Order, even if such information has derived from a previous stage or stages of these proceedings.

(2) For the avoidance of doubt, set out below is a non-exhaustive list of examples of communications and records which do not constitute publication within the meaning of this order (providing always that proper steps are taken to protect the confidentiality of information from being made public). In this list references to ‘the anonymised party’ include that party’s appointed representatives and advisers, such as solicitor, Litigation Friend, attorney, trustee and deputy.

(i) Retention by all parties to the claim, their representatives, and their advisers of their unredacted files for the
purposes of their continuing functions and obligations in relation to the proceedings.

(ii) Communications between the Claimant, Defendant and additional parties, their insurers, or their successors in title and their legal and professional advisers including expert witnesses, reinsurers, HMRC (or its successor), the CRU or any other person required by law.

IT IS ORDERED BY CONSENT THAT:

  1. The identity of the Claimant as a party to these proceedings shall not be disclosed.

  2. The identity of the Third Party as a party to these proceedings shall not be disclosed.

  3. Pursuant to CPR r39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name, date of birth or address of the Claimant or other immediate family members, or any details (including but not limited to other names, addresses, or a specific combination of facts) that could lead to the identification of HXK as the Claimant in these proceedings. The Claimant shall be referred to as set out at paragraph 5 of this Order.

  4. Pursuant to CPR r39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name, date of birth or address of the Third Party or other immediate family members, or any details (including but not limited to other names, addresses, or a specific combination of facts) that could lead to the identification of CXD as the Third Party in these proceedings. The Third Party shall be referred to as set out at paragraph 5 of this Order.

  5. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:

    (i) The Claimant shall be referred to as “HXK”.

    (ii) Any other details liable to lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.

    (iii) The Third Party shall be referred to as “CXD”.

    (iv) Any other details liable to lead to the identification of the Third Party (including any names of other immediate family members or their addresses) shall be redacted before publication.

  6. Pursuant to CPR 5.4C and 5.4D:

    (i) A person who is not a party to the proceedings may not obtain a copy of a statement of case, judgment or order from the Court records unless the statement of case, judgment or order has been anonymised in accordance with subparagraphs 3 (i) and (ii) above.

    (ii) If a person who is not a party to the proceedings applies (pursuant to CPR 5.4C(1B) or (2)) for permission to inspect or obtain a copy of any other document or communication, such application shall be on at least 7 days’ notice to the Claimant’s solicitor.

  7. The address of the Claimant 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.

  8. The address of the Third Party be stated in all statements of case and other documents to be filed or served in the proceedings as the address of the Third Party’s solicitors.

  9. That in so far as necessary, any statement of case or other document already filed in these proceedings, which disclose the Claimant’s name, date of birth, address or any other information which could lead to the identification of HXK, be replaced by documentation describing her name as “HXK” and redacting all other identifiable information.

  10. That in so far as necessary, any statement of case or other document already filed in these proceedings, which disclose the Third Party’s name , date of birth, address or any other information which could lead to the identification of CXD, be replaced by documentation describing his name as “CXD” and redacting all other identifiable information.

  11. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 7 June 2024 and any application by a non-party to inspect or obtain a copy document from this file must be dealt with in accordance with the terms of that Order.”

  12. Any interested party, whether or not a party to the proceedings, may apply to the Court to vary or discharge this Order, provided that any such application is made on notice to the Claimant’s solicitor and that 7 days’ prior notice of the intention to make such an application is given.

  13. Pursuant to the ‘Practice Guidance: Publication of Privacy and Anonymity Orders’ issued by the Master of the Rolls dated 16 April 2019 a copy of this Order shall be published on the Judicial Website of the High Court of Justice (www.judiciary.uk). For that purpose, a court officer will send a copy of the order by email to the Judicial Office at judicialwebupdates@judiciary.uk.

  14. The costs of obtaining this Order be costs in the case.

    Dated 7 June 2024