There had been a hearing in private. The defendant had publicised matters discussed, and the claimant now appealed against refusal of an order for committal for contempt. Held: The effect of section 12 was that publication would not be contempt unless it came within one of the subsections. This case did not, and there had … Continue reading AF Noonan (Architectural Practice Ltd) v Bournemouth and Boscombe Athletic Football Club Ltd: CA 2 Jul 2007
Europa Where the conditions of employment appliable to servants have not been expressly determined and defined by the competent authorities, the conditions applicable for the purposes of article 179 of the eec treaty are to be deemed to consist of the express or implied terms which necessarily governed the contracts of employment of those servants. … Continue reading Von Lachmuller and Others v Commission EEC (Judgment): ECJ 15 Jul 1960
The court gave guidance on the new practice in publishing judgments by default, and for arrangements for anonymisation of appropriate parties. Sir James Munby, President of the Family Division [2014] EWHC B3 (Fam), [2014] EMLR 22, [2014] 1 FLR 733, [2014] 1 WLR 230, [2014] 2 FCR 226 Bailii Administration of Justice Act 1960 12 … Continue reading Practice Guidance (Transparency In The Family Courts): FD 16 Jan 2014
The father applied to the court to have the media excluded from the hearing into the residence and contact claims relating to his daughter. Held: It was for the party seeking such an order to justify it. In deciding whether or not to exclude the press in the welfare or privacy interests of a party … Continue reading Child X (Residence and Contact- Rights of Media Attendance) (Rev 2): FD 14 Jul 2009
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
The court made orders about the future of the child born to Mary Bell, who had been convicted at the age of 11 of the manslaughter of two little boys. He was asked to protect the new identities under which the child and her mother were living. Without a court order publication would not be … Continue reading X County Council v A and another: 1984
There is no reason in law to disallow someone applying for a contemnor to be committed, from appealing against the sentence imposed, but it would rare to allow interference. Brown P: ‘It is believed that it may be that criminal proceedings will follow in relation to this same matter. I have to say that that … Continue reading Wilson v Webster: CA 26 Feb 1998
Appeal against order as to media arrangements for fact finding hearing.McFarlane LJ said: ‘In the present case, Jackson J used the power available to him to move from the default position so as to allow a controlled degree of publicity. This was a matter for the judge’s discretion. It was common ground before this court … Continue reading Re W (Children): CA 25 Feb 2016
‘This case raises important questions about the extent to which the public should be able to read and see what disgruntled parents say when they speak out about what they see as deficiencies in the family justice system, particularly when, as here, their complaints are about the care system. The case also raises important questions … Continue reading Re J (A Child) (Reporting Restriction: Internet: Video): FD 5 Sep 2013
The court considered an application by the defendant for leave to appeal to the Supreme Court, noting that section 13 of the 1960 Act did not provide for such a right after the 2006 Act. Held: The words could not themselves be construed to preserve the existence of an appeal, but the criteria set out … Continue reading OB v The Director of The Serious Fraud Office: CACD 2 May 2012
Judges: Lord Justice Singh Mr Justice Henshaw Citations: [2022] EWCA Crim 1298 Links: Bailii Statutes: Administration of Justice Act 1960 13 Jurisdiction: England and Wales Contempt of Court Updated: 19 October 2022; Ref: scu.681876
The defendant appealed a sentence of two months for contempt in the face of the court. When coming to court to give evidence on behalf of her partner in respect of allegations of sexual assault against his daughters, she had met the same daughters also attending as witnesses outside the court. She had called them … Continue reading Regina v Kehoe: CACD 14 Jul 1997
The applicant was a prison officer, ordered to appear at court. On his non-appearance he was found guilty of contempt and ordered to serve 14 days imprisonment. The order had been made on the Friday, to appear on the Monday, but evidence of attempts to contact him by phone was now contradicted. Held: The conviction … Continue reading Regina v Adegunle: CACD 25 Oct 1996
The applicant had been sentenced to nine months imprisonment for having broken his undertaking to the Court. He appealed against that sentence. The other party also sought to appeal other parts of the order. Held: An appeal limited to the sentencing part of a committal for contempt did not require leave to appeal, being as … Continue reading London Borough of Barnet v Hurst: CA 17 Jul 2002
In each case litigants in person had sought to be allowed to have the assistance and services of a Mackenzie friend in children cases. In one case, the court had not allowed confidential documents to be disclosed to the friend. Held: The courts had been unhelpful to the parties appearing before them. If given access … Continue reading O and others (Children); In re O (Children), In re W-R (a Child), In re W (Children): CA 22 Jun 2005
The defendant appealed an order for his immediate commital for contempt of court. He had been in court and shouted loud threats when his mother had been given a long prison term. Held: His appeal was allowed. The defendant had immediately apologised, and the judge should have taken overnight to consider the case more coolly. … Continue reading Regina v Huggins: CACD 18 Jan 2006
Judges: Munby LJ Citations: [2010] EWHC 205 (Fam) Links: Bailii Statutes: Administration of Justice Act 1960 812(1)(a) Jurisdiction: England and Wales Citing: Cited – In re S (a Child) (Identification: Restrictions on Publication) HL 28-Oct-2004 Inherent High Court power may restrain PublicityThe claimant child’s mother was to be tried for the murder of his brother … Continue reading Doctor A and Others v Ward and Another: FD 9 Feb 2010
The question arose as to whether a Cafcass officer acting as a children and family reporter (CFR) in private law proceedings required the permission of the court before referring to the local authority’s social services department for further investigation allegations by the child’s mother about the child’s father made by her to the CFR in … Continue reading Re M (Disclosure: Children and Family Reporter): CA 31 Jul 2002
The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: The statute was ambiguous, and ‘there can be no good reason why a person convicted under s.12 should not have a right of appeal against conviction as well as against … Continue reading Haw and Another v City of Westminster Magistrates’ Court: Admn 12 Dec 2007
Private Hearings are Not in Secret H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application was refused save as to identification of the children, and certain tax matters. The hearing was listed as in Private restricted only that certain people only were entitled to attend, … Continue reading Gallagher v Gallagher (No 1) (Reporting Restrictions): FC 13 Jun 2022
Interim applications Judges: Mr Justice Mostyn Citations: [2022] EWFC 30 Links: Bailii Statutes: Administration of Justice Act 1960 12 Jurisdiction: England and Wales Cited by: Cited – Gallagher v Gallagher (No 1) (Reporting Restrictions) FC 13-Jun-2022 H sought an order restricting reporting of the divorce financial remedy proceedings, or an anonymity order. Held: The application … Continue reading Xanthopoulos v Rakshina: FC 12 Apr 2022
Proceedings before the Mental Health Review Tribnal had been very nearly all held in private. The patient, Ian Brady sought to have his hearing in public. Held: Beatson J approved the Tribunal’s reasons forfind that their privacy rules were a proper and proportionate departure from the principle of open justice and thus compatible with article … Continue reading Mersey Care NHS Trust, Regina (on the Application of) v Mental Health Review Tribunal and others: Admn 22 Jul 2004
The defendant had failed to co-operate when called upon to act as a juror having been refused exemption. He refused to be searched on entering the court building. He now appealed against a fine. Held: The court set out the minimum requirements for a fair hearing in a case of this kind: ‘1) The Juror … Continue reading Dodds v Regina: CACD 31 May 2002
The applicant’s former partner, G, had been detained under the Act. She had obtained an injunction to keep him away, but whilst exercising staying contact with her child, he had killed his own parents, and was now detained. The tribunal had ordered his conditional release. She sought a copy of the decision, and now sought … Continue reading T and others v Mental Health Review Tribunal and G: Admn 22 Feb 2002
Save in cases involving children and ancillary and other situations requiring it, cases in the family division were not inherently private. The appellant failed to obtain an order that details of an action under the section should not be disclosed by the media. Held: The description of the law at first instance was too wide … Continue reading Allan v Clibbery (1): CA 30 Jan 2002
The claimant was subject to an order requiring him to obtain leave before commencing any civil proceedings. He commenced a private prosecution which the respondent later decided to take over and discontinue. He sought judicial review of that decision. He said that no leave was required because it was part of criminal proceedings not covered … Continue reading Ew v Director of Public Prosecutions and Others: CA 11 Feb 2010
The defendant had repeatedly failed to obey orders for the production of documents made in the course of civil litigation proceedings. He was ordered to be committed to prison ‘until further order’ He appealed. Held: With regard to section 14, such an order was unlawful. A committal had to be for a definite period. Judges: … Continue reading Linnett v Coles: QBD 1986
W, a barrister, appealed against a conviction for contempt of court. He had declined to comply with the directions asked of him by the judge at a pre-trial hearing, saying that the client’s instructions that he was not guilty were sufficient. He was found to have acted in contempt of court in refusing unreasonably to … Continue reading Re West: CACD 17 Jul 2014
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000
The council had taken the applicant’s children into care alleging that the mother had harmed them. In the light of the subsequent cases casting doubt on such findings, the mother sought the return of her children. She applied now that the hearings be in public. Held: The applicant and her solicitors had already made significant … Continue reading Kent County Council v The Mother, The Father, B (By Her Children’s Guardian); Re B (A Child) (Disclosure): FD 19 Mar 2004
The applicant’s child had been fathered by donor insemination. He sought to prevent the defendant publicising his forthcoming case with the Child Support Agency in which he intended to deny a responsibility to provide child support. Held: An injunction was refused. The case was really about the protection of M’s reputation, and his desire not … Continue reading M v British Broadcasting Corporation: FD 1997
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had closed its doors to consider’. A mental health review tribunal is a … Continue reading Pickering v Liverpool Daily Post and Echo Newspapers plc: HL 1991
Serious breach of domestic violence injunction should normally be met with immediate sentence of imprisonment. Appeals against leniency of sentence only rarely successful, but proper in this case. Suspension of sentence removed. Citations: Gazette 03-Sep-1998 Statutes: Administration of Justice Act 1960 13(2) Jurisdiction: England and Wales Contempt of Court Updated: 11 May 2022; Ref: scu.84150
Where extra publicity might attach to proceedings because of the celebrity of the parents, it was wrong to attach extra restrictions on reporting without proper cause. There remains a need to balance the need for the freedom of speech and the child’s interests. That balance does not always fall one way.Thorpe LJ said that the … Continue reading In Re G (Minors) (Celebrities: Publicity): CA 4 Nov 1998
A Children and Family reporter became concerned at the possibility of abuse of children as a result of information gained whilst involved in private law proceedings. He sought to report those concerns to the statutory authorities. It had become clear that it was crucially important that professions within the child care professions must communicate properly … Continue reading In re M (a Child) (Disclosure: Children and Family Reporter): CA 31 Jul 2002
Citations: [1993] COD 190 Statutes: Administration of Justice Act 1960 13 Jurisdiction: England and Wales Cited by: Cited – Haw and Another v City of Westminster Magistrates’ Court Admn 12-Dec-2007 The defendants appealed convictions for contempt of court, on the basis of having wilfully interrupted the court. The respondent said that no appeal lay. Held: … Continue reading In Re Hooker: Admn 1993
The applicant had been convicted of contempt of court, but succeeded on appeal. Costs had been ordered in his favour, but the matter had been referred back to the court to consider the extent of its powers on such an occasion. Held: The making of an award of costs from central funds might be available … Continue reading Regina v Moore: CACD 12 May 2003
Local authority case records and a verbatim extract from the case records which had been exhibited to an affidavit from a social worker had been disclosed. Held: Booth J asked as to the case records: ‘whether the words in the section ‘information relating to proceedings’ should be construed to cover documents which do not themselves … Continue reading In re S (Minors) (Wardship: Police Investigation); Re S (Minors) (Wardship: Disclosure of Material): FD 1987
An allegation of contempt was made in proceedings related to the publication by a newspaper of extracts from a report by a social worker and a report by the Official Solicitor, both prepared after the commencement and for the purpose of the wardship proceedings. Held: What was published was ‘information relating to [the] proceedings’ within … Continue reading In re F (otherwise A ) (A Minor) (Publication of Information): CA 1977
The authority had received confidential information from the police about mistreatment of a child by a father. The allegation was unknown to the mother. It sought directions from the court as to the extent to which it could breach that confidentiality in order to protect the child. Held: The authority was under a duty to … Continue reading In re W (Children) (Care proceedings: Disclosure): FD 11 Jul 2003
Citations: [1976] 3 All ER 274, [1976] 3 WLR 307, [1977] Fam 47 Statutes: Administration of Justice Act 1960 12(1)(a) Jurisdiction: England and Wales Cited by: Appeal from – In re F (otherwise A ) (A Minor) (Publication of Information) CA 1977 An allegation of contempt was made in proceedings related to the publication by … Continue reading In re F (otherwise A) (A Minor) (Publication of Information): FD 1976
Applications arising from alleged publication on the internet of information about children subject to court care proceedings. Sir James Munby [2018] EWHC 3491 (Fam) Bailii Administration of Justice Act 1960 12(1)(a)(ii) England and Wales Children, Contempt of Court Updated: 26 January 2022; Ref: scu.633276
In October 2020, the Supreme Court heard an appeal. C, an unregistered barrister, represented a charity in his capacity of director. A copy of the Supreme Court’s draft judgment was circulated to the parties’ representatives, to enable them to make suggestions for the correction of any errors, to prepare submissions on consequential matters, and to … Continue reading HM Attorney General v Crosland: SC 20 Dec 2021
Application for extension of tme to apply for leave to appeal to House of Lords. [1998] EWHC Admin 995 Administration of Justice Act 1960 2(1) England and Wales Litigation Practice Updated: 07 January 2022; Ref: scu.139116
The appellant had been committed for contempt being said to have broken a gangs control order made under the 2009 Act. He had not been advised of his right to legal aid for representation. Green, Nicola Davies DBE LJJ [2019] EWCA Civ 55 Bailii Administration of Justice Act 1960 13, Policing and Crime Act 2009, … Continue reading Douherty v The Chief Constable of Essex Police: CA 30 Jan 2019
The applicant appealed against a refusal to allow his early release from prison having been sentenced to 21 months for contempts of court. Held: The appeal failed. The court set out eight questions which might be asked before allowing such a release. The judge here had had the benefit of listening to the contemnor, and … Continue reading CJ v Flintshire Borough Council: CA 15 Apr 2010
Parents wished to publicise the way care proceedings had been handled, naming the doctors, social workers and experts some of whom had been criticised. Their names had been shown as initials so far, and interim contra mundum orders had been made restricting further identification. The professionals feared that their readiness to act as experts would … Continue reading Doctor A and Others v Ward and Another: FD 8 Jan 2010
The claimants wished to claim that they were victims of a miscarriage of justice in the way the Council had dealt with care proceedings. They sought that the proceedings should be reported without the children being identified. Held: A judge must adopt the same ‘parallel analysis’ leading to the same ‘ultimate balancing test’, as described … Continue reading Norfolk County Council v Webster and others: FD 1 Nov 2006
Publication of Children judgment – wide publicity F brought wardship proceedings in respect of M and F’s two children, seeking their return to Dubai. F was the Ruler of the Emirate of Dubai. Media companies now sought publication of earlier judgments, and F appealed from an order for their publication. The President of the Family … Continue reading Re Al M (Children): CA 28 Feb 2020
Private prosecution discontinuance criminal matter The claimant sought judicial review of a decision by the defendant to take over and discontinue his private prosecution. He now sought to appeal against rejection of his request. Held: The decision had been a decision in a criminal cause or matter, and as such, an appeal lay only (save … Continue reading Thakrar v Crown Prosecution Service: CA 21 May 2019
The court considered how to apply the rule that an extradition may only be for trial on matters committed before the extradition if they have been the basis of the request to a defendant’s commission of contempt of court after conviction. After being subject to proceedings anticipating a prosecution for large scale financial fraud, the … Continue reading Regina v O’Brien: SC 2 Apr 2014
The newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private. Held: Their appeal against the order allowing access failed. The normal rule … Continue reading A v Independent News and Media Ltd and Others: CA 31 Mar 2010
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
The defendant appealed against his conviction for the murder of his wife. The court allowed his appeal on the ground of a misdirection. The prosecutor having now appealed, he sought to plead insanity.
Held: The appeal was allowed on the new . .
The defendant appealed against his conviction for contempt of court. He had failed to appear as a witness in answer to his summons.
Held: The better practice where it appeared that a witness would in fact attend voluntarily was for the court . .
The applicant had been cautioned by the police. The victim sought judicial review of that decision. The respondent now appealed.
Held: The court of appeal had no jurisdiction to hear an appeal against a judicial review in a criminal matter . .
The family had been through protracted family law proceedings and had been subject to orders restricting identification. The father now wanted to discuss his experiences and to campaign. He could not do so without his child being identified. Held: The protection given by the order against identification of the child did not continue beyond the … Continue reading Clayton v Clayton: CA 27 Jun 2006
The House considered what was required to establish an ‘intent to defraud’. Held: Lord Radcliffe said: ‘Now, I think that there are one or two things that can be said with confidence about the meaning of this word ‘ defraud ‘. It requires a person as its object: that is, defrauding involves doing something to … Continue reading Welham v Director of Public Prosecutions: HL 1961
The High Court had found the plaintiff to be a charity, and ordered the Attorney-General to be joined in. The A-G appealed that order saying that the plaintiff was not a charity within the 1993 Act. The charity sought to spread the Vaishnava religion in London. Held: Charities Act jurisdiction is restricted to charities registered … Continue reading Gaudiya Mission and others v Brahmachary: CA 30 Jul 1997
Charitable Company- Directors’ Status and Duties A married couple set up a charitable foundation to assist children in developing countries. When the marriage failed an attempt was made to establish a second foundation with funds from the first, as part of W leaving the Trust. Court approval was obtained, but the court ordered the remaining … Continue reading Lehtimaki and Others v Cooper: SC 29 Jul 2020
Mens Rea essential element of statutory Offence The appellant had been convicted under the Act 1965 of having been concerned in the management of premises used for smoking cannabis. This was a farmhouse which she visited infrequently. The prosecutor had conceded that she was unaware that the premises were used for that purpose. Held: The … Continue reading Sweet v Parsley: HL 23 Jan 1969
Ban on Prisoners talking to Journalists unlawful The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without undertakings from the journalists not to publish any element of the interview. … Continue reading Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999
The Home Secretary may not later extend the tariff for a lifer, after it had been set by an earlier Home Secretary, merely to satisfy needs of retribution and deterrence: ‘A power conferred by Parliament in general terms is not to be taken to authorise the doing of acts by the donee of the power … Continue reading Regina v Secretary of State for the Home Department, Ex Parte Pierson: HL 24 Jul 1997
The parties had arbitrated their dispute in London under a bilateral investment treaty between the US and Ecuador. The republic sought to appeal the arbitration. The applicant now appealed an order that the English High Court had jurisdiction to hear the appeal. Held: The appeal was dismissed. The treaty was intended to encourage bilateral trading … Continue reading Occidental Exploration and Production Company vRepublic of Ecuador: CA 9 Sep 2005
The applicant contended that the 1991 Act infringed her human rights in denying her access to court to obtain maintenance for her children. Held: The applicant had no substantive right to take part in the enforcement process in domestic law which is capable in Convention law of engaging the guarantees in it. ‘Sympathetic though one … Continue reading Kehoe, Regina (on the Application of) v Secretary of State for Work and Pensions: HL 14 Jul 2005
Necessity for Reference to ECJ Lord Denning said that the test for whether a question should be referred to the European Court of Justice is one of necessity, not desirability or convenience. There are cases where the point, if decided one way, would shorten the trial greatly. But if decided the other way, it would … Continue reading HP Bulmer Ltd and Another v J Bollinger Sa and others: CA 22 May 1974
The applicant’s property was charged to the defendant. At the time it was not occupied. The mortgage fell into arrears, and after serving notice at the property, the bank took posssession and sold the property at auction. The claimants said the bank should have taken possession only after court proceedings. Held: A lender taking possession … Continue reading Ropaigealach v Barclays Bank plc: CA 6 Jan 1999
Disclosure of Documents filed at Court Constitution – Access To Courts – Open Justice – court files – court records – public scrutiny of courts – asbestos – mesothelioma – TDN13 – Technical Data Notice 13 – Cape – asbestolux – disclosure – document management systems – CPR 5.4C(2) – settlement – dispute resolution – … Continue reading Dring v Cape Distribution Ltd and Another: QBD 5 Dec 2017
The Chagos Islands had been a British dependent territory since 1814. The British government repatriated the islanders in the 1960s, and the Ilois now sought damages for their wrongful displacement, misfeasance, deceit, negligence and to establish a . .
The court was asked whether the supervisory jurisdiction of the High Court, exercisable by way of judicial review, extends to such decisions of the Special Immigration Appeals Commission (SIAC) and the Upper Tribunal (UT) as are not amenable to any . .
The two prisoners, serving life sentences for murder, had had their appeals rejected. They continued to protest innocence, and sought to bring their campaigns to public attention through the press, having oral interviews with journalists without . .
References: Gazette 20-Nov-1996, Times 20-Nov-1996, [1996] EWCA Civ 780, [1997] 1 WLR 1558 Links: Bailii The County court may not suspend a possession order pending an application to the High Court for an order for sale. The court considered the protection given by s15(1) of the 1970 Act, and found the protection to be limited, … Continue reading Cheltenham and Gloucester Building Society v Aaron Krausz and Rebecca Krausz: CA 22 Oct 1996
Our law-index is a substantial selection from our database. Cases here are restricted in number by date and lack the additional facilities formerly available within lawindexpro. Please do enjoy this free version of the lawindex. Case law does not ‘belong’ to lawyers. Judgments are made up of words which can be read and understood (if … Continue reading law index
