IBM United Kingdom Limited -v- LZLabs GMBH and others

Business and Property CourtsHigh CourtTechnology and Construction CourtOrder

Neutral Citation Number: [2025] EWHC 3164 (TCC)
Case No: HT-2021-000363

In the High Court of Justice
Business and Property Courts of England and Wales
Technology and Construction Court (KBD)

28 November 2025

Before:

Mrs Justice O’Farrell DBE

Between:

IBM United Kingdom Limited

-v-

LZLABS GMBH

WINSOPIA LIMITED

LZLABS LIMITED

MARK JONATHAN CRESSWELL

THILO ROCKMANN

JOHN JAY MOORES

Ruling

MRS JUSTICE O’FARRELL DBE

1. The defendants have requested that this hearing be dealt with in private. The claimant does not object.

2. Under CPR 39.2(1) the general rule is that a hearing is to be in public. A hearing may not be held in private, irrespective of the parties’ consent, unless and to the extent that the court decides that it must be held in private, applying the provisions of paragraph (3).

3. Paragraph (3) of CPR 39.2 provides that:

    “A hearing, or any part of it, must be held in private if, and only to the extent that, the court is satisfied of one or more of the matters set out in sub-paragraphs (a) to (g) and that it is necessary to sit in private to secure the proper administration of justice …”

    4. In this case, it is (c) that is applicable, in that the case involves confidential information (including information relating to personal financial matters) and publicity would damage that confidentiality.

    5. I am satisfied that, in the circumstances of the application that is before the Court today, there are matters of confidentiality, including personal finances, that, if this hearing were to be held in public, would be adversely affected. In those circumstances, the Court is satisfied that this is a case in which the Court must sit in private in order to ensure the proper administration of justice.

    6. Finally, under paragraph (5) of CPR 39.2:

    “Unless and to the extent that the court otherwise directs, where the court acts under paragraph (3) or (4), a copy of the court’s order shall be published on the website of the Judiciary of England and Wales …  Any person who is not a party to the proceedings may apply to attend the hearing and make submissions, or apply to set aside or vary the order.”

    7. I propose that a copy of this order, relating to the hearing being in private, should be published on the judiciary website.