ZXK v The Chief Constable of Kent Police (anonymity order)

CivilCounty CourtHigh CourtAnonymity Order

Claim number: J00MY901

In the High Court of Justice
Canterbury County Court



5 January 2024

Before:
Her Honour Judge Catherine Brown

Between:

ZXK

-v-

The Chief Constable of Kent Police

ANONYMITY ORDER

Before Her Honour Judge Brown.

UPON hearing Counsel, Mr Denholm, for the Claimant by CVP and upon the Defendant having indicated that the application was not opposed.

AND UPON reading an application notice by the Claimant dated 19 October 2023.

AND UPON consideration of the Claimant’s Article 8 rights to respect for private and family life, his Article 3 rights, and the relevant Article 10 considerations.

AND UPON it being clear, particularly due to the Court of Appeal (Criminal Division) and First-Tier Tribunal (Immigration and Asylum Chamber) already having made anonymity orders in respect of the Claimant, that revealing the identity of the Claimant is likely to unfairly damage the Claimant and that, accordingly, publication of details revealing the Claimant’s identity ought to be prohibited.

AND PURSUANT to s.11 of the Contempt of Court Act 1981 and CPR Rule 5.4A to 5.4D and CPR Rule 39.2(4).

IT IS ORDERED THAT

  1. That the identity of the Claimant be not disclosed or published save as otherwise ordered by the Court.
  2. 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 on any published Court list and in any report of the proceedings by the Press or otherwise as ‘ZXK’.
  3. That, to the extent necessary to protect the Claimant’s identity, any other references whether to persons or to places or otherwise, be adjusted appropriately with permission to apply in default of agreement as to the manner of such adjustment.
  4. That so far as for the Claimant Form, or any Judgment, Order or other document to which anyone might have access pursuant to Rule 5.4 at any time does not comply with paragraphs 1 and 2 above, the Claimant’s solicitors have permission to file with the Court copies of such document adjusted so as to comply with this Order; 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 in a sealed envelope marked “Not to be opened without permission of a Circuit Judge at the County Court at Canterbury”.
  5. A non-party may not inspect or obtain a copy of any document from the Court file without the permission of a Circuit Judge. Any application for such permission must be made on notice to the Claimant (the Court will effect service). Such file is to be retained by the Court and marked “PRIVATE”.
  6. 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 unless the Court otherwise directs.
  7. Reporting restrictions apply as to the disclosing of any information that may lead to the subsequent identification of the Claimant, including by way of jigsaw identification. Such information includes that which would enable jigsaw identification includes their address(es), place(s) of work, and educational establishment(s) attended.
  8. That the Claimant has permission to amend the Claim Form showing the Claimant’s address as that of his Solicitors. A copy of the claim form with the full name of the Claimant, and the address, is to be placed on file in a sealed envelope marked: “Not to opened without permission of a Circuit Judge at the County Court at Canterbury”.
  9. Any non-party affected by this Order may apply on notice to set aside or vary this Order.
  10. A copy of this order shall be published on the website of the Judiciary of England and Wales (which may be found at www.judiciary.uk). Any person who is not a party to the proceedings may apply to set aside or vary the order.
  11. Costs in the case.