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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Contempt of Court - From: 1998 To: 1998

This page lists 24 cases, and was prepared on 02 April 2018.

 
Gillian Wilson v John Jack Webster Times, 05 March 1998; Gazette, 25 March 1998; [1998] EWCA Civ 355; [1998] 1 FLR 1097 CA; [1998] 2 FCR 575
26 Feb 1998
CA
Sir Stephen Brown P, Sir Patrick Russell
Contempt of Court
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 is of no concern to this court which is dealing with the matter of contempt. That is not a matter which can affect this appeal." Sir Patrick Russell: "the order should not inhibit the prosecution of the respondent, which we are told is pending."
Administration of Justice Act 1960 13 (2)
1 Citers

[ Bailii ]
 
Her Majesty's Attorney General and Martin John Rld Stevenson [1998] EWHC Admin 314
12 Mar 1998
Admn

Contempt of Court

[ Bailii ]
 
Clark v Braintree District Council [1998] EWCA Civ 576
31 Mar 1998
CA

Contempt of Court

[ Bailii ]
 
Hussein v Ghoprial and Ghoprial [1998] EWCA Civ 593
1 Apr 1998
CA

Contempt of Court
Breach of undertaking - violence.
[ Bailii ]
 
Stephanie Waugh v Andrew James Stewart [1998] EWCA Civ 611
2 Apr 1998
CA

Contempt of Court, Family

[ Bailii ]

 
 In Petition and Complaint - Her Majesty's Advocate v The Scotsman Publications Ltd and Clarke and Luckhurst and Allardyce; ScHC 23-Apr-1998 - [1998] ScotHC 1
 
Lyons v Lyons [1998] EWCA Civ 918
5 Jun 1998
CA

Family, Contempt of Court
Husband's appeal against finding that he was in contempt of court.
[ Bailii ]

 
 General Medical Council v British Broadcasting Corporation; CA 10-Jun-1998 - Gazette, 24 June 1998; Times, 11 June 1998; [1998] EWCA Civ 949
 
Mayor and Burgesses of London Borough of Tower Hamlets v John Long [1998] EWCA Civ 995
12 Jun 1998
CA
Buler-Sloss, Ward LJJ
Contempt of Court
The defendant tenant had ben sentenced to prison for contempt of court having misbehaved in contravention of order made relating to his occupation under a tenancy of the claimant. Held: The offence was serious but "Very often it has been said, by people who are not accustomed to going to prison, that the clang of the prison gates itself, and the inevitable indignities of being placed as a prisoner in prison, do have a mark effect upon the individual, and that marked effect does rather diminish the longer the period is that somebody is inside. I can understand entirely why the Recorder thought that this was a serious matter, but he might perhaps have reflected, having come to the conclusion, from which I would not wish to dissent, that an immediate custodial sentence was necessary, whether he needed, with a first offender in these circumstances, to do more than mark the court's grave disapproval of his behaviour by a sentence that would reflect that it was necessary to go to prison but not did require him to spend a period which a sentence of three months would require him to spend in prison; that is to say, under the present law, some six weeks or so. " In the circumstances three weeks was sufficient.
[ Bailii ]
 
Mark Kenneth Willis Joanne Willis; Simon John Willis and v Dawn Valerie Mary Willis [1998] EWCA Civ 1012
16 Jun 1998
CA

Contempt of Court

[ Bailii ]
 
Anthony Francis Riou Benson v Samantha Jane Richards [1998] EWCA Civ 1006
16 Jun 1998
CA

Contempt of Court

[ Bailii ]
 
Belgolaise Sa v Purchandani Times, 30 July 1998; Gazette, 30 September 1998
24 Jun 1998
QBD
Colman J
Contempt of Court
Committal proceedings for contempt should be only the last resort and for flagrant refusal to disclose in breach of court order. It must be exceptional to dispense with penal notice, and impossible to do so retrospectively.
1 Citers


 
Regina v High Sheriff of Greater London ex parte Roberts [1998] EWHC Admin 753
15 Jul 1998
Admn
Tucker J
Contempt of Court

[ Bailii ]
 
Neil v Ryan [1998] EWCA Civ 1277; [1998] 2 FLR 1068
23 Jul 1998
CA
Judge LJ
Contempt of Court
The court considered the power to increase a sentence of committal for contempt of court: "Before considering any increase in sentence or changing the impact of any sentence adversely to the defendant we have to remind ourselves that this is a power which must be used sparingly. The sort of circumstances in which it could reasonably be used would be to approach the problem as if the case were a reference by the Attorney-General under the Criminal Justice Act 1988. Plainly this is not a case which comes within that jurisdiction, but a sentence should not be increased under that Act unless the court is satisfied that it is not merely lenient, but 'unduly' lenient. And, what is more, if the court reaches that conclusion, when deciding the appropriate level of sentence the court must also reflect the element of what is sometimes described as double jeopardy."
1 Citers

[ Bailii ]

 
 In Re Swaptronics Ltd; ChD 24-Jul-1998 - Times, 17 August 1998; Gazette, 23 September 1998; [1998] All ER (D) 407
 
Governing Body of Shenfield High School v Ian Guttridge [1998] EWCA Civ 1310
28 Jul 1998
CA

Contempt of Court, Education

[ Bailii ]
 
Anthony Francis Riou Benson v Samantha Jane Richards [1998] EWCA Civ 1335
30 Jul 1998
CA

Contempt of Court

[ Bailii ]
 
Attorney-General v Birmingham Post and Mail Ltd Times, 31 August 1998; Gazette, 30 September 1998; [1998] EWHC Admin 769; [1999] 1 WLR 361; [1999] EMLR 39; [1998] 4 All ER 49
31 Aug 1998
QBD
Simon Brown LJ, Thomas J
Contempt of Court, Criminal Practice, Media
The questions asked of a court when staying a criminal trial because of newspaper reporting, and when assessing a contempt of court, are different, and the stay of a trial need have no implication that a contempt has been committed. The strict liability rules did not help. Simon Brown LJ said: "It seems to me necessarily to follow . . that one and the same publication may well constitute a contempt and yet, even though not substantially mitigated in its effect by a temporary stay and/or change of venue, not so prejudice the trial as to undermine the safety of any subsequent conviction. To my mind that can only be because section 2(2) postulates a lesser degree of prejudice than is required to make good an appeal against conviction…In short section 2(2) is designed to avoid (and where necessary punish) publications even if they merely risk prejudicing proceedings, whereas a stay will generally only be granted where it is recognised that any subsequent conviction would otherwise be imperilled, and a conviction will only be set aside…if it is actually unsafe."
As to the case of Unger, Simon Brown LJ said: "I still think that to create a seriously arguable ground of appeal is a sufficient basis for finding strict liability contempt. Clearly it is a relevant consideration too that when a judge at first instance is deciding whether or not to grant a temporary stay. But more particularly the trial judge will ask himself: "is there a real danger that the jury cannot reach a just verdict, or the defendant have a fair trial?" The judge will have to form a view as to just how seriously prejudicial the publication is, to what extent it can be mitigated by special directions, how desirable it is to avert a possible risk of a successful appeal on that ground, and how inconvenient and costly in the particular circumstances a stay would be (depending in large part no doubt on how far into the trial the problem arises)."
Contempt of Court Act 1981 2(2)
1 Cites

1 Citers

[ Bailii ]
 
N v R Gazette, 03 September 1998
3 Sep 1998
CA

Contempt of Court
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.
Administration of Justice Act 1960 13(2)

 
Benson v Samantha Jane Richards [1998] EWCA Civ 1476
5 Oct 1998
CA

Contempt of Court

[ Bailii ]

 
 Cambridgeshire County Council v D; CA 26-Oct-1998 - Times, 26 October 1998; [1999] 2 Fam LR 42

 
 X v Dempster; FD 9-Nov-1998 - [1999] 1 FLR 894
 
Council of City of Manchester v Margaret Mccann Richard McCann Times, 26 November 1998; [1998] EWCA Civ 1775
16 Nov 1998
CA

Contempt of Court
A threat made against a witness is clearly an insult within the Act, and a threat made as a witness returns home after court is also a contempt even though not strictly in the face of the Court.
County Courts Act 1984 118
1 Citers

[ Bailii ]

 
 In Re M (A Minor) (Consent Order: Committal); CA 31-Dec-1998 - Times, 31 December 1998
 
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