HXZ -v- Ministry of Defence (anonymity order)
High CourtKing's Bench DivisionAnonymity Order
Updated on the 2 December 2022
Claim Number: KB-2022-003246
In the High Court of Justice
King’s Bench Division
24 November 2022
Ministry of Defence
UPON the claimant’s Application Notice issued on 31/08/2022
AND UPON consideration of the claimant’s Article 8 right to respect for private and family life and the Article 10 right of freedom of expression
AND UPON the claimant being afforded anonymity by way of section 1 of the Sexual Offences Act 1992
AND UPON IT APPEARING that the case is likely to attract publicity and that revealing the identity of the claimant is likely unfairly to damage the interests of the claimant and that, accordingly, publication of details revealing the claimant’s identity ought to be prohibited.
AND PURSUANT to s11 Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4) and the inherent jurisdiction of the court.
IT IS ORDERED that
1 There be substituted for all purposes of this case, in place of references to the Claimant, and whether orally or in writing, references to the letters HXN.
2 To the extent necessary to protect the claimant’s identity, any other references, whether to persons or places or otherwise, be adjusted appropriately, with permission to the parties to apply in default of agreement as to the manner of such adjustments.
3 So far as the claim form, or any judgment or order, or any other document to which anyone might have access pursuant to CPR Rule 5.4A-D at
anytime does not comply with the above, the claimant’s solicitor has leave to file with the court copies of such document adjusted so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant originals; and the originals are then to be retained by the court and/or on HMCTS e-filing service system marked as confidential.
4 A non-party may not obtain any copy statement of case or other document from the court file unless it has been edited (anonymised) in accordance with this direction.
5 Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the parties.
6 The claimant has permission to issue the claim form giving the address of her solicitors in place of her residential address. A copy of the claim Form with the claimant’s full name and address is to be placed on file and/or HMCTS e-filing system noted: and the originals are then to be retained by the court and/or on HMCTS e-filing service system marked as confidential.
7 The claimant may waive their right to anonymity if they provide express consent in writing in accordance with the Sexual Offences Act 1992.
8 Costs in the case.