TZX -v- DHL Supply Chain Limited (anonymity order)
Claim number: KB-2023-BHM-000005
In the High Court of Justice
King’s Bench Division
Birmingham District Registry
5 March 2024
Before:
Her Honour Judge Wall sitting at the High Court of Justice
Between:
TZX (a Protected Party via his Niece and Litigation Friend JZX)
-v-
DHL Supply Chain Limited (Registered Number 00528867)
Order
BEFORE Her Honour Judge Wall sitting at the High Court of Justice, Kings Bench Division, Birmingham District Registry on 9th February 2024.
UPON HEARING Counsel for the Claimant and Counsel for the Defendant.
AND UPON:
(1) Consideration of the 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 is necessary to secure the proper administration of justice and in order to protect his interests and that there is no sufficient countervailing public interest in disclosure.
(3) The Defendant 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 rules 5.4C, 5.4D and 39.2(4).
WHEREAS for the purposes of this order:
(1) ‘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.
(2) 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.
IT IS ORDERED THAT:
1. The identities of the Claimant, his Litigation Friend, as parties to these proceedings, together with family members are confidential and shall not be published.
2. Pursuant to CPR Rule 39.2(4), there shall not be disclosed in any report of these proceedings or other publication the name or address of the Claimant and his Litigation friend or other immediate family members, or any details (including other names, addresses, or a specific combination of facts) that could lead to identification. They shall be referred to as set out at paragraph 3 of this Order.
3. In any judgment or report of these proceedings, or other publication (by whatever medium) in relation thereto:
a. The Claimant shall be referred to as “TZX”.
b. The Litigation Friend shall be referred to as “JZX”.
c. Mr shall be referred to as “CZX”.
d. Mrs shall be referred to as “PZX”.
e. Any other details which, on their own or together with other information publicly available, may lead to the identification of the Claimant (including any names of other immediate family members or their addresses) shall be redacted before publication.
4. Pursuant to CPR Rules 5.4C and 5.4D:
a. 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(a) to (e) above.
b. If a person who is not a party to the proceedings applies (pursuant to CPR r.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, trustee or deputy.
5. The Claimant’s solicitor shall file with the Court an electronic (PDF) bundle of the statements of case that has been anonymised in accordance with paragraph 3 above by 1st March 2024, and re-filed in the event that any statement of case is amended, within 21 days of such amendment being approved.
6. The Court file shall be clearly marked with the words “An anonymity order was made in this case on 9th February 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.”
7. 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 7 days’ notice to the Claimant’s solicitor, trustee or deputy.
8. 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
9. Nothing in paragraphs 1 to 7 above shall prohibit the parties from disclosing the Claimants’ name, address or any other information tending to identify them to the Compensation Recovery Unit of the Department for Work And Pensions and/or the Defendant, its insurers or his insurer’s successors in title, reinsurers, their legal and professional advisers or to HM Revenue & Customs or any other person required by law and/or within witness statements and expert reports prepared for the purposes of these proceedings.
10. The costs of obtaining and complying with this order be costs in the case.