The defendant litigant had been found guilty of contempt in the face of court and sentenced to six months’ imprisonment. The contemnor now sought to purge his contempt. Held: The sentence had been imposed as punishment and not to seek to enforce compliance with the order. As a result of his behaviour have had been … Continue reading Balli, Re Contempt of Court Act 1981 (No. 2): ChD 15 Jul 2011
The House had to consider whether a local valuation court was a court for the purposes of the powers of the High Court relating to contempt. Held: A body, which has a judicial function, was a court, whereas if it has an administrative function, albeit carried out judicially, it would not be a court. Lord … Continue reading Attorney General v British Broadcasting Council: HL 1981
The Claimant indicated that he had a disability in his ET1 and requested some adjustments including permission to use a recording device as his condition made it difficult for him to take contemporaneous notes. The Tribunal indicated that an application for permission should be made at the preliminary hearing although it was also stated that … Continue reading Heal v University of Oxford and Others (Practice and Procedure): EAT 16 Jul 2019
The plaintiffs claimed large-scale copyright infringement, and obtained Anton Pillar orders. The House considered the existence of the privilege against self-incrimination where the Anton Piller type of order has been made. The Court of Appeal had decided that the court should abstain from making an order ex parte requiring immediate answers to interrogatories or disclosure … Continue reading Rank Film Distributors v Video Information Centre: HL 1 Mar 1981
The Association complained that an order preventing the naming of a defendant after his conviction so as to protect the identity of the complainant was made in excess of the court’s jurisdiction. Citations: [2012] EWCA Crim 2434 Links: Bailii Statutes: Contempt of Court Act 1981 4(2) Jurisdiction: England and Wales Crime, Media Updated: 06 November … Continue reading Press Association, Regina (on The Application of) v Cambridge Crown Court: CACD 21 Nov 2012
Court to look first to prejudice then to openness when restricting court reports. Citations: Independent 28-Apr-1993 Statutes: Contempt of Court Act 1981 4(2) Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.86318
While the general rule is that a Court will not hear an application for his own benefit by a person in contempt unless and until he has first purged his contempt, there is an established exception to that general rule where the purpose of the application is to appeal against, or have set aside, on … Continue reading The “Messiniaki Tolmi”: CA 2 Jan 1981
The risk of impediment or prejudice to a trial from a publication has to be assessed at the date of publication. ‘Substantial risk’ in section 2(2) means a risk which is more than remote. Lord Diplock said: ‘Next for consideration is the concatenation in the subsection of the adjective ‘substantial’ and the adverb ‘seriously,’ the … Continue reading Attorney-General v English: HL 1981
Mr Ballie, a former solicitor, was found guity of contempt in the face of the court and sentenced to six months imprisonment. It was said that he had continued to call himself a solicitor and had so practised after he had been struck from the Roll of Solicitors. Judges: Simon Barker QC J Citations: [2011] … Continue reading Balli (Also Known As Ravinder Singh), Re Contempt of Court: ChD 1 Jul 2011
Any assault on an officer whilst undertaking official duties is contempt even if assault not in court itself. Judges: Sir Richard Scott VC Citations: Times 27-Nov-1997 Statutes: Contempt of Court Act 1981 Jurisdiction: England and Wales Contempt of Court Updated: 18 July 2022; Ref: scu.81840
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
The claimant sought judicial review of his conviction by the magistrates for contempt of court: ‘The Administrative Court office wrote to Mr Lane on 22nd November, almost a week ago, pointing out that the right of appeal against orders made under section 12 of the 1981 Act consists of a right of appeal to the … Continue reading Lane v Gloucester Magistrates Court: Admn 28 Nov 2006
Where a contemnor sould be fined but would be unable to pay a fine at the level thought appropriate, that was not a good reason to impose imprisonment. Citations: [2005] EWCA Civ 615, [2005] 2 FLR 1006 Links: Bailii Statutes: Contempt of Court Act 1981 14.2 Jurisdiction: England and Wales Cited by: Cited – Crystal … Continue reading M (Children) (Contact Order): CA 11 Apr 2005
The court considered the effect of a jury trial in balancing pre-trial prejudicial publicity. Lord Taylor CJ said: ‘In determining whether publication of matter would cause a substantial risk of prejudice to a future trial, a court should credit the jury with the will and ability to abide by a judge’s direction to decide the … Continue reading Regina v Central Criminal Court ex parte The Telegraph Plc: CACD 1993
The principles in American Cyanamid did not affect the rule in Bonnard v Perryman. Sir Denys Buckley saiod: ‘the question what meaning the words complained of bore was primarily one for the jury. Suppose the words bore the second meaning alleged and an injunction were granted restraining further publication, if application were made to commit … Continue reading Herbage v Times Newspapers Ltd: CA 30 Apr 1981
The Attorney General sought an order of contempt of court at common law following the publication in the ‘New Statesman’ of a juror’s account of significant parts of the jury’s deliberations in the course of arriving at their verdict in the trial of the prominent politician, Jeremy Thorpe. Held: The application failed. The contents of … Continue reading Attorney General v New Statesman and National Publishing Company Ltd: 1981
A Crown Court judge’s decision to allow naming of a youth appearing before it, was a matter for the judge’s discretion, and was not susceptible to judicial review proceedings. Such orders are analogous to contempt orders, tending to influence the trial. Citations: Times 08-Jan-1999, Gazette 03-Feb-1999 Statutes: Children and Young Persons Act 1933 39(1), Contempt … Continue reading Regina v Winchester Crown Court ex parte P B (A Minor): QBD 8 Jan 1999
When the defendant charged with indecent assault was remanded on bail to await trial, the magistrate ordered that there should be no report of the proceedings at that stage because of the defendant’s concerns that publicity would lead to his being attacked; this would frustrate the administration of justice because he might no longer be … Continue reading Regina v Newtonabbey Magistrates Court Ex Parte Belfast Telegraph Newspapers Ltd: CANI 27 Aug 1997
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975
No General Liability in Tort for Wrongful Acts The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, but complained that the defendants had continued to make supplies by … Continue reading Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981
The defendant prison governor had intercepted a prisoner’s letter to the Crown Office for the purpose of raising proceedings to have the governor committed for an alleged contempt of court. Held: The governor was in contempt of court. Subject to any legislation altering the situation, a prisoner retains all his rights that are not taken … Continue reading Raymond v Honey: HL 4 Mar 1981
Police defendants not to have addresses withheld The defendants, senior police officers were accused of misconduct in public office, being said to have sought improperly to interfere in prosecutions for speeding. They appealed against refusal by the magistrates to have their addresses protected. Held: The appeal failed. The burden was on the claimants to establish … Continue reading Harper and Another, Regina (on The Application of) v Aldershot Magistrates Court: Admn 8 Jun 2010
Challenge to a decision to discharge a reporting restriction order made under s.11 Contempt of Court Act 1981 that prohibited publication of the claimant’s address. . .
Whether the Crown Court was wrong in law to discharge a reporting restriction order prohibiting the reporting of the appellant’s home address in connection with criminal proceedings. . .
References: [1981] 2 Lloyds Rep 595 Coram: Brandon LJ While the general rule is that a Court will not hear an application for his own benefit by a person in contempt unless and until he has first purged his contempt, there is an established exception to that general rule where the purpose of the application … Continue reading The ‘Messiniaki Tolmi’: 1981
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In each of three cases, the former defendants sought leave to bring claims for contempt of court in respect of what it said were fraudulent claims by the respondents. The defendants argued that a party had first to go to the Attorney General. Held: ‘Notwithstanding the language of Rules 32.14 and 31.23 and, in particular, … Continue reading Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010
A County Court judge has no power to imprison a contemnor pending a sentence decision. Time spent in custody awaiting trial for contempt would not automatically be set off against the final sentence. Proceedings for contempt can be restored after sentence so that consideration could be given to whether the contemnor had purged his contempt. … Continue reading Delaney v Delaney: CA 2 Nov 1995
To be caught under the Act the risk of prejudice to a trial caused by a publication alleged to be in breach must be practical and not theoretical. Judges: Mann LJ Citations: [1992] 1 WLR Statutes: Contempt of Court Act 1981 Jurisdiction: England and Wales Cited by: Cited – HM Attorney General v Express Newspapers … Continue reading Attorney-General v The Guardian: CA 1992
The BBC sought leave to appeal against an order following the conviction by a jury of the defendant on drugs charges and his pleas of guilty on the counts of various types of fraudulent activity. The judge’s order, made under section 4(2) of the Contempt of Court Act 1981 prohibited the reporting of any of … Continue reading Lees, Regina v: CANI 6 Apr 2001
Claim in defamation, misuse of private information and harassment against the three defendants – allegation f rape and sexual assault – two applications: i) An application by the first and second defendants by which they seek to lift their own anonymity as defendants in these proceedings; and ii) An application by the claimant for a … Continue reading CWD v Nevitt and Others: QBD 21 May 2020
The claimant, the son of the leader of Libya, sought damages for defamation from the defendant for an article alleging his involvement in criminal activities. The defendant appealed orders striking out certain parts of his defence, and the claimant appealed orders leaving other parts in place. Was there a qualified privilege for the articles because … Continue reading Gaddafi v Telegraph Group Ltd: CA 28 Oct 1998
The Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 of the Companies Act 2006 and a further claim for damages in the High Court, were for the … Continue reading ABC v Shulmans Llp: ComC 25 Sep 2019
The basic rule is that anything said in open court may be reported. Withholding the name from the public during the proceedings will provide the basis for the making of an order under section 11 of the Contempt of Court Act 1981. Citations: [1985] 1 WLR 708 Statutes: Contempt of Court Act 1981 11 Jurisdiction: … Continue reading Regina v Arundel Justices, Ex parte Westminster Press Ltd: 1985
An order for a journalist to disclose the name of an employee disclosing his employer’s information, may be made where there was a need to identify a disloyal employee. Here drafts of accounts had been released to embarrass the company. The documents involved were stolen, and a return of them would enable identification of the … Continue reading Camelot Group plc v Centaur Communications Limited: CA 23 Oct 1997
The police were conducting a major investigation into suspected awards of state honours in return for cash and associated events. The AG had obtained an order restraining the defendant and other media from reporting allegations that one person was said to have accused another of asking her to lie for him. It was said that … Continue reading HM Attorney General v British Broadcasting Corporation: CA 12 Mar 2007
In breach of a court order and reminders from the CPS the defendant newspapers published material severely critical of the defendant in a notorious murder trial after the jury had retired but before they returned all their verdicts. A retrial had been required. Held: ‘ this material went way beyond what the jury had been … Continue reading HM Attorney General v Associated Newspapers Ltd and Another: Admn 18 Jul 2012
The court considered the institution of proceedings for contempt of court based upon an allegation that a document filed in court proceedings and supported by a statement of truth was false. In this case the defendant argued that the first claimant had grossly exaggerated his injuries. The second claimant had come to admit the falsity … Continue reading Nield and Another v Loveday and Another: Admn 13 Jul 2011
The mention of a case on a television programme remained a contempt of court, despite the humorous context given to the remarks in the broadcast.Auld LJ said: ‘The degree of risk of impact of a publication on a trial and the extent of that impact may both be affected, in differing degrees according to the … Continue reading Attorney-General v British Broadcasting Corporation; Same v Hat Trick Productions Ltd: CA 11 Jun 1996
s12 provides an indication of what behaviour amounts to contempt of court. Citations: Times 03-Jun-1993 Statutes: Contempt of Court Act 1981 12 Jurisdiction: England and Wales Contract Updated: 26 October 2022; Ref: scu.87560
(Court’s Martial Appeal Court) The newspaper appealed against an order under section 94 of the 1955 Act restricting the identification of the defendants. The judge had said there would be a threat to both the safety of the defendants and as to the administration of justice and national security. It was now accepted that the … Continue reading Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008
Approach to juror by Defendant’s lawyers liable to be a contempt of court. Citations: Ind Summary 29-Aug-1994 Statutes: Contempt of Court Act 1981 8 Jurisdiction: England and Wales Criminal Practice Updated: 25 October 2022; Ref: scu.87333
An appeal against an ‘in camera’ crown court order to the Court of Appeal is to be on paper submissions. The court set out the procedure on appeal against order for a trial to be held in camera. These rules were not ultra vires. Even though the appeal ‘shall’ be determined without a hearing, written … Continue reading Re Guardian Newspapers and Others: CACD 20 Sep 1993
The claimant sought a privacy order after being accused of historical serious sexual offences against children. Held: The judge had properly acted within the range of his discretion, and the appeal was dismissed. The judgment would however remain anonymised until the outcome of an appeal to the Supreme Court.Sharp LJ acknowledged ‘a growing recognition that … Continue reading PNM v Times Newspapers Ltd and Others: CA 1 Aug 2014
An application was made by a local authority to restrict publication of the name of a defendant in criminal proceedings in order to protect children in their care. The mother was accused of having assaulted the second respondent by knowingly transmitted HIV/Aids to him by having unprotected sex but hiding her HIV status. Held: The … Continue reading A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005
The court considered the existence of a power in the magistrates court to order a hearing to be held in camera and referred to section 11 of the 1981 Act. Watkins LJ said: ‘However, I am bound to say that I am impressed with the argument that the action taken by the justices in the … Continue reading Regina v Evesham Justices, ex parte McDonnagh: QBD 1988
The defendants were to face trial alleging that whilst serving in Afghanistan, they had committed murder. They had been granted anonymity, but that order was ordered to be lifted. They sought leave to appeal. Held: The application was rejected. A Courts-Martial Appeal Court does not have a jurisdiction to hear an application for leave to … Continue reading In re Marines A and Others; Guardian News and Media and Other Media v Judge Advocate General: CACD 17 Dec 2013
The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the Contempt of Court Act 1981 (the 1981 Act) prohibiting publication of the name … Continue reading A v The Secretary of State for The Home Department: SCS 17 May 2013
Any passing of information about jury activities threatened the secrecy of the jury room, and was potentially in contempt. Citations: (1994) 98 Cr App R 216 Statutes: Contempt of Court Act 1981 8 Jurisdiction: England and Wales Cited by: Cited – Regina v BM and Another CACD 9-Dec-1996 A message was offered to one of … Continue reading Regina v McLusky: CACD 1994
A message was offered to one of the solicitors acting for a defendant from a relative of a juror after the trial. Held: Rules against hearing of jury deliberations are wider than Contempt of Court Act. The court refused to commence any Young style investigation of the jury’s activities. The reasoning in Ellis v Deheer … Continue reading Regina v BM and Another: CACD 9 Dec 1996
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been revealed and that the articles had been general in nature. The main concern … Continue reading Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012
The trial judge had directed his jury at a criminal trial: ‘You will make your decision about this case based solely upon the evidence which you hear during this trial, in this courtroom and upon nothing else. Most of us these days have access to the internet, it contains lots of fascinating information, some of … Continue reading Attorney General v Fraill and Another: Admn 16 Jun 2011
The absence of a jury from a criminal trial was not sufficient of itself to set aside the rule against the broadcasting of criminal proceedings. To set aside the rule, the onus was on the broadcaster to justify the departure from the rule and to persuade the court that there would be no interference in … Continue reading BBC, Petitioners: HCJ 11 Apr 2000
Judges: Tugendhat J Citations: [2007] EWHC 997 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 4(2) Jurisdiction: England and Wales Cited by: See Also – Adelson and Another v Associated Newspapers QBD 19-Feb-2008 Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game … Continue reading Adelson and Another v Associated Newspapers Ltd: QBD 1 May 2007
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but not his name. Held: The claim should be struck out. The existing articles … Continue reading Allen v The Grimsby Telegraph and Another: QBD 2 Mar 2011
The defendant had been acquitted. The Director of Public prosecutions announced that new and compelling evidence had come to light and a retrial was ordered. The defendant objected that the publicity surrounding the Director’s publicity release was prejudicial to his right to a fair trial. The Director now sought an order restricting publicity around the … Continue reading In re D (Acquitted Person: Retrial): CACD 27 Feb 2006
Judges: Bean J Citations: [2010] EWHC B18 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 Jurisdiction: England and Wales Media, Contempt of Court Updated: 22 August 2022; Ref: scu.421271
Citations: [2002] EWCA Civ 527 Links: Bailii Statutes: Contempt of Court Act 1981, Children Act 1989, Family Law Act 1986 Jurisdiction: England and Wales Contempt of Court Updated: 16 August 2022; Ref: scu.217119
The complainant has requested information regarding applications for contempt against media organisations under the Contempt of Court Act 1981. The Attorney General’s Office applied section 12. The complainant did not complain about the application of section 12, but did complain that the Attorney General’s Office had not provided him with enough advice and assistance under … Continue reading Attorney Generals Office (Central Government): ICO 20 Oct 2015
Anonymised Party to Proceedings The BBC challenged an order made by the Court of Session in judicial review proceedings, permitting the applicant review to delete his name and address and substituting letters of the alphabet, in the exercise (or, as the BBC argues, purported exercise) of a common law power. The court also gave directions … Continue reading A v British Broadcasting Corporation (Scotland): SC 8 May 2014
A non-disclosure order was not necessary to found an application for contempt where the applicant had not made any personal enquiries as to the existence of such an order. Citations: Independent 04-Mar-1994, Times 18-May-1994 Statutes: Contempt of Court Act 1981 10 Jurisdiction: England and Wales Contempt of Court Updated: 03 August 2022; Ref: scu.78666
The respondent admitted contempt in its article about a man awaiting trial for a notorious murder in Bradford. The court considered the appropriate penalty. The defendant had intended to apply for a stay of the proceedings as an abuse. The paper had printed a more in depth and prejudicial article in the area in which … Continue reading HM Attorney General v MGN Ltd: Admn 23 Jun 2009
‘This case concerns the exercise of the extensive powers under Schedule 7 to the Terrorism Act 2000 and the detention of material in the possession of a person assisting a journalist and possibly identifying journalistic sources. The protection of journalistic sources has been stated to be of vital importance to press freedom, both in our … Continue reading Miranda, Regina (on The Application of) v Secretary of State for The Home Department and Another: Admn 23 Aug 2013
A member of the jury wrote to the judge saying that other members were failing to discharge their duties properly. Smith took a tactical decision not to seek a retrial. The judge saw counsel in chambers, after which the jury were reminded of their duties and left to their verdicts. The appellants said that steps … Continue reading Regina v Smith, Regina v Mercieca: HL 16 Feb 2005
Application by the Claimant seeking the anonymisation of the parties in this litigation and corresponding reporting restrictions preventing the parties being identified. Held; Refused (retained subject to appeal) Judges: The Honourable Mr Justice Nicklin Citations: [2022] EWHC 1908 (QB) Links: Bailii Statutes: Contempt of Court Act 1981 11, Human Rights Act 1998 6, Civil Procedure … Continue reading EGC v PGF NHS Trust: QBD 19 Jul 2022
When considering a complaint of contempt of court against a newspaper, it should be recognised that any criminal trial, by its very nature, causes all involved in it to become progressively more inward looking, with the capacity to study the evidence given and the submissions made in the courtroom, to the exclusion of other sources … Continue reading Attorney-General v News Group Newspapers Ltd: CA 1986
The Attorney-General sought to restrain the publication of a book which she said would prejudice the defendants in a forthcoming criminal trial. The publisher said that a restraint would be a disproportionate interference in its Article 10 rights. Held: The court considered the proper reluctance to restrain an anticipated contempt of court. Judges: Tugendhat J … Continue reading Attorney General v Random House Group Ltd: QBD 15 Jul 2009
The claimant sought an order for the committal of the respondent for contempt in having breached an order to restrict their naming of a footballer arrested on allegations of serious sexual assaults. The claim had not gone forward. Held: ‘ . . when, uniquely, the respondents published in a national newspaper, with a readership of … Continue reading HM Attorney General v Express Newspapers: Admn 25 Nov 2004
Counsel for the prosecution had a duty to consider and advise the court in respect of applications regarding non-reporting orders, in particular as to whether excess adverse publicity might operate to make a trial unfair and a conviction unsafe. Citations: Times 21-May-1999 Statutes: Contempt of Court Act 1981 4(2) Jurisdiction: England and Wales Media, Criminal … Continue reading Ex Parte News Group Newspapers Ltd: CACD 21 May 1999
A long hearing was to be interrupted by the long vacation. The Bank sought an order to restrict publication of the part evidence given by one witness until his evidence had been concluded. Held: Though the witness was only such and not a party, he had been centrally involved in the activities about which complaint … Continue reading Three Rivers District Council and others v The Bank of England: CA 14 Jul 2005
Where part of a sentence for contempt was suspended, and the defendant failed to meet the condition required for continued suspension, the court was not under an obligation to make the suspended part operative. Judges: Lord Denning MR, Russell, Winn LJJ Citations: [1969] 2 Ch 50 Jurisdiction: England and Wales Cited by: Cited – Symes … Continue reading Re W (B) (An Infant): CA 1969
Complaint was made that an article was defamatory of the owner of Manchester United. The defendant now argued that the game was not worth the candle. The costs vastly exceeded any possible recovery, and it had openly offered vindication, and that the case had now become an abuse of process and should be stayed. The … Continue reading Adelson and Another v Associated Newspapers: QBD 19 Feb 2008
No anonymity for investigation suspect The claimant had been investigated on an allegation of historic sexual abuse. He had never been charged, but the investigation had continued with others being convicted in a high profile case. He appealed from refusal of orders restricting publication of his name and involvement in the inquiry. Held: (Kerr and … Continue reading PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017
Application for injunction to restrain former employees now in competition from urging present employees to break their contracts. Citations: [2008] EWCA Civ 596 Links: Bailii Statutes: Contempt of Court Act 1981 4(2) Jurisdiction: England and Wales Torts – Other, Employment Updated: 11 June 2022; Ref: scu.270527
An applicant, who was HIV positive, wished his identity to be concealed. Held: Some publicity had already occurred A Contempt of Court anonymity order was not to be used to protect a litigant’s privacy. Judges: Latham J Citations: Times 14-Aug-1995, [1995] 7 Admin LR 840 Statutes: Contempt of Court Act 1981 11 Jurisdiction: England and … Continue reading Regina v Westminster City Council Ex Parte Castelli: QBD 14 Aug 1995
The purpose of orders under the section is to deal with reports of proceedings which are fair and accurate, but which should nonetheless be postponed, not with other material the publication of which might constitute a contempt of Court. Judges: Lord Justice General Citations: [2000] ScotHC 86, 2001 SLT 465 Links: Bailii Statutes: Contempt of … Continue reading Scarsbrook or Galbraith v Her Majesty’s Advocate: HCJ 7 Sep 2000
The claimant was involved in takeover proceedings. Certain confidential documents were taken, doctored, and released to and published by the defendants who now resisted orders for disclosure of the source. Held: The court must balance the right of freedom of expression, and the private rights of the claimants. The court should start from an assumption … Continue reading Interbrew SA v Financial Times Ltd and Others: ChD 19 Dec 2001
The BBC sought relief from an order restricting the naming of parties in a forthcoming trial. Judges: Lord Justice General Citations: [2001] ScotHC 23 Links: Bailii Statutes: Contempt of Court Act 1981 4(1) Scotland, Contempt of Court Updated: 04 June 2022; Ref: scu.164685
Complaint was made that the defendant newspapers had caused a serious prejudice to a trial by articles published before the trial of the defendant in criminal proceedings. The defendant pleaded guilty to theft at the magistrates’ court after she had been interviewed by a newspaper, which published her statement that she would not be denying … Continue reading Attorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited: Admn 3 Jul 1997
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
Enquiries as to jurors views were only to be conducted with the court’s consent. Citations: Times 26-Jul-1994 Statutes: Contempt of Court Act 1981 8 Jurisdiction: England and Wales Criminal Practice Updated: 20 May 2022; Ref: scu.87332
When a court considered ordering a restriction on reporting of a case until after it was concluded, it had a three stage test to apply. First, would the reporting create a not insubstantial risk of prejudice. If there was no such risk, an order could not be made. Second, would an order reduce or remove … Continue reading Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001
The defendants appealed against their convictions for conspiracy in have combined to put into the human food chain poultry meat which had been condemned as unfit. The jury after retiremen had indicated that they had reached agreement on some charges, but wanted guidance on the rest. They were called into court and gave verdicts which … Continue reading Regina v Tantram; Regina v Bibby etc: CACD 24 May 2001
Following the acquittal of a prominent politician on a charge of conspiracy to murder, the New Statesman magazine published an article, based on an interview with one of the jurors, which gave an account of significant parts of the jury’s deliberations. It was submitted on behalf of the publisher, the editor and the journalist that … Continue reading HM Attorney-General v Associated Newspapers Ltd and Others: HL 4 Feb 1994
Human rights law is no aid in protecting a journalist against an order requiring the return of confidential documents, even though this might identify the source of leak. Citations: Times 15-Jul-1997, [1999] QB 124 Statutes: Contempt of Court Act 1981 Cited by: Cited – Financial Times Ltd and others v Interbrew SA CA 8-Mar-2002 The … Continue reading Camelot Group Plc v Centaur Communications Plc: QBD 15 Jul 1997
The name of a person with a notifiable disease could be withheld pending an appeal, but any anonymity given by court to party must end when it would not be needed for the purposes of justice. The power to make an order under s.11 must be exercised carefully and cannot be used simply to protect … Continue reading Birmingham Post and Mail Ltd v Birmingham City Council: QBD 12 Nov 1993
A complaint of contempt of court was defeated by a deal in the trial which had worked to reduce any risk of prejudice. Citations: Times 12-May-1994 Statutes: Contempt of Court Act 1981 1 2 Cited by: Appeal from – Attorney General v Independent Television News and Others CA 1995 Leggatt LJ said that counsel for … Continue reading Attorney General v Independent Television News and Others: QBD 12 May 1994
The harassment of a juror could take place even after a trial had finished and it remained a contempt of court. Citations: Times 15-Aug-1994 Statutes: Contempt of Court Act 1981 Crime Updated: 18 May 2022; Ref: scu.77953
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 … Continue reading Attorney-General v Birmingham Post and Mail Ltd: QBD 31 Aug 1998
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 defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
A ‘substantial risk’ in section 2(2) can means a risk which is ‘not insubstantial’. The test of ‘substantial risk’ and ‘serious prejudice’ are separate but overlapping. The degree of risk of impact of a publication on a trial and the extent of that impact may both be affected, in differing degrees according to the circumstances, … Continue reading Attorney-General v News Group Newspapers Ltd: CA 1987
This appeal raises a question concerned with the protection from disclosure of confidential journalistic sources enjoyed by publishers under section 10 of the Contempt of Court Act 1981. Citations: [2019] EWCA Civ 350 Links: Bailii Statutes: Contempt of Court Act 1981 10 Jurisdiction: England and Wales Media, Contempt of Court Updated: 16 May 2022; Ref: … Continue reading Various Claimants v MGN Ltd: CA 7 Mar 2019
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
Lord Diplock discussed section 10 of the 1981 Act, saying: ‘The exceptions include no reference to ‘the public interest’ generally and I would add that in my view the expression ‘justice’, the interests of which are entitled to protection, is not used in a general sense as the antonym of ‘injustice’ but in the technical … Continue reading Secretary of State for Defence v Guardian Newspapers Ltd (Tisdall Case): HL 1984
A jury trial procedure for contempt would never be appropriate: ‘If the trial is to be by jury, the possibility of prejudice by advance publicity directed to an issue which the jury will have to decide is obvious. The possibility that a professional judge will be influenced by anything he has read about the issues … Continue reading in Re Lonrho Plc: HL 1989
Citations: [1992] 94 CAR 376 Statutes: Contempt of Court Act 1981 4(2) Cited by: Cited – A and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006 The defendant was to be charged with offences associated with terrorism. He had sought stay … Continue reading Regina v Beck ex parte The Daily Telegraph, Ex parte The Telegraph Plc: 1992
The circumstances in which it is appropriate for a court to allow a name or other names to be withheld are rare. The Court cannot derogate from this principle for lesser purposes, including that of sparing the feelings of a defendant. Citations: [1988] 1 All ER 371, [1988] QB 540 Statutes: Contempt of Court Act … Continue reading Regina v Malvern Justices, Ex parte Evans: 1988
