XCD -v- Workforce Staffing Limited and another (anonymity order)

High CourtKing's Bench DivisionAnonymity Order

Claim Number: Qb-2022-001505

In the High Court of Justice
King’s Bench Division

28 October 2022

Before:
Master Dagnall

Between:
XCD
-v-
(1) Workforce Staffing Limited
(2) Forest Garden Limited

Order

UPON the Claimant’s Application (“the Application”) made by Application Notice dated 23 September 2022

AND UPON reading and considering the evidence in support of the Application

WHEREAS, pursuant to CPR r. 39.2(4), the Court is satisfied that an order in the terms below is necessary to protect the interests of the Claimant and to secure the interests of the proper administration of justice and there is no sufficient countervailing public interest in disclosure; and that such an Order is proportionate and having balanced the rights contained in Articles 8 (privacy and family life) and Article 10 (freedom of expression and open justice) in the European Human Rights Convention.

IT IS HEREBY ORDERED BY PURSUANT to section 11 of the Contempt of Court Act 1981, Section 6 of the Human Rights Act 1998 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2 that:-

  1. The Claimant is granted anonymity in these proceedings and his identity shall not be disclosed, save to those where it is necessary to conduct the litigation, to include insurers, brokers, witnesses (other than those identified as
    knowingly cooperating with the Organised Crime Gang), the parties, counsel, CPR Part 35 experts, and professional advisors, including those that work for them.
  2. There be substituted for all purposes of this case, in place of references to the Claimant by name and whether orally or in writing, references to “XCD”.
  3. That the Claimant 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 “XCD”.
  4. 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.
  5. That 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.
  6. 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 5.4 at any time does not comply with the above, the claimant’s solicitors have leave to file with the court copies of such document adjusted and/or amended so as to comply therein. Such copies are to be treated for all purposes as being in substitution for the relevant original; and the originals are then to be retained by the court in a sealed envelope marked
    : “not to be opened without the permission of a Judge, Master or District Judge of the King’s Bench Division”; or if stored electronically marked “not to be accessed without the permission of a Judge, Master of District Judge of the King’s Bench Division”.
  7. From the date of this Order onwards, no party shall communicate the address of the Claimant to any other party howsoever without prior written permission from the Claimant or the Court.
  8. 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 and there has been redacted any information which might identify the Claimant or the Claimant’s address.
  9. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant.
  10. A copy of this order be published on the website of the Judiciary of England and
    Wales pursuant to CPR 39.2 and the Practice Guidance; “Publication of Privacy and Anonymity Orders” naming the Claimant as “XCD”.
  11. The Claimant shall serve a copy of the Application and evidence in support and of this Order upon the Defendants within 7 days of service of it upon him.
  12. Any party may apply to set aside this Order within 7 days of service of it upon them and may also seek to have it reviewed at the first hearing in this Claim.
  13. Any non-party may apply to set aside or vary this Order by issuing an Application Notice to such effect and which they must serve on the Claimant’s and the Defendants’ solicitors.