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
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
The court addressed the principles upon which a Court will grant interlocutory injunctive relief in harassment cases. Held: Both the High Court and the County Court had jurisdiction under the 1981 and 1984 Acts to grant interlocutory injunctions in wide terms to restrain conduct that was not in itself tortuous or otherwise unlawful, if such … Continue reading Burris v Azadani: CA 27 Jul 1995
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 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
(Mauritius) The applicant appealed three counts of contempt of court, arising from speeches made by him in the political debate. He had been a minister, but was subject to investigation for fraud. To found a appeal he had to show some blatant or significant disregard or breach of legal process, or injustice. The board do … Continue reading Badry v The Director of Public Prosecutions: PC 15 Nov 1982
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 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 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 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
Judges: Lady Justice Andrews and Mr Justice Cavanagh Citations: [2022] EWHC 2832 (Admin) Links: Bailii Statutes: Senior Courts Act 1981 42 Jurisdiction: England and Wales Litigation Practice, Contempt of Court Updated: 17 November 2022; Ref: scu.682832
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 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
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
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
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 claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
The claimant sought discovery of documents from the solicitors for a defendant said to be in contempt of court. Held: The disclosure was required to support an existing finding of contempt and in enforcing the order for committal. Henderson J said that in the absence of such an order the disclosure order would not have … Continue reading JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 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
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
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 claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in this action sought additional damages under section 97. Held: Where the underlying infringement is established … Continue reading Phonographic Performance Ltd v Reader: ChD 22 Mar 2005
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
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
The five applicants had lived in the UK for at least three years while attending school or college. All five were subject to immigration control, four had entered as students with limited leave to remain for the duration of their studies, and the fifth had entered with his parents for settlement and had indefinite leave … Continue reading Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982
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
Prerogative act of prorogation was justiciable. The Prime Minister had prorogued Parliament for a period of five weeks, leaving only a short time for Parliament to debate and act the forthcoming termination of the membership by the UK of the EU. The Scottish Court had decided (Cherry) that the prorogation was void being for impermissible … Continue reading Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019
Their client had been found in contempt and sentenced to imprisonment. The solicitors were now subject to an application for disclosure of further details of how they contacted their client. The court considered the jurisdiction of the court to make such an order and how it might affect legal privilege. The respondent solicitors were Addleshaw … Continue reading JSC BTA Bank v Ablyazov and Others: ComC 15 May 2012
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
The Court considered the procedures when a prisoner is kept in solitary confinement, otherwise described as ‘segregation’ or ‘removal from association’, and principally whether decisions to keep the appellants in segregation for substantial periods were taken lawfully. Held: The segregation was not authorised by the applicable legislation: ‘rule 45 . . (1) enables the governor … Continue reading Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015
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
PC (Trinidad and Tobago) The complainant said that his constitutional rights had been infringed by the court’s delay. Proceedings had begun in 1987 for redress with regard to a land dispute. There was substantial delay in the appeal, and at one point a judge had died after hearing the application but before he had delivered … Continue reading Boodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago: PC 1 Apr 2004
The newspaper said that a finding against it of contempt of court for publishing material derived from a jury’s deliberations infringed its rights of free speech. Held: The complaint was declared inadmissible. ‘The Commission agrees with the applicants that the fines imposed in the present case amounted to an interference with the applicants’ freedom of … Continue reading Associated Newspapers Ltd v United Kingdom: ECHR 30 Nov 1994
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
Application by Her Majesty’s Attorney General for an order committing the respondent to prison for contempt of court. Judges: Dame Victoria Sharp, Warby J Citations: [2019] EWHC 1791 (QB) Links: Bailii Jurisdiction: England and Wales Citing: Cited – Skipworth’s Case, Onslow v Skipworth; Regina v Castro 1873 The Attorney-General proceeded against the respondent for contempt, … Continue reading HM Attorney General v Yaxley-Lennon: QBD 9 Jul 2019
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 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
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
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 appellants were magazines and journalists who published, after committal proceedings, the name of a witness, a member of the security services, who had been referred to as Colonel B during the hearing. An order had been made for his name not to be disclosed during the hearing, but the court had had no power … Continue reading Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979
Presumption in Favour of Open Proceedings There had been an unauthorised dissemination by the petitioner to third parties of the official shorthand writer’s notes of a nullity suit which had been heard in camera. An application was made for a committal for contempt. Held: The House equated the contempt to a breach of an injunction … Continue reading Scott v Scott: HL 5 May 1913
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
The claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence. Held: Though such an order would be exceptional, sufficient grounds had been shown in this case. Judges: Morison J Citations: [2006] EWHC … Continue reading Kensington International Ltd v Republic of Congo and Another: ComC 20 Jul 2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease. Held: The court could not have made the interim order sought without first concluding … Continue reading AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006
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 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
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
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004
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
Lord Denning MR said that the Norwich Pharmacal case opened ‘a new chapter in our law’ and ‘Mr Irvine suggested this was limited to cases where the injured person desired to sue the wrongdoer. I see no reason why it should be so limited. The same procedure should be available when he desires to obtain … Continue reading British Steel Corporation v Granada Television Ltd: CA 7 May 1980
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
A possession action was lawful against a remaining joint tenant after a notice to terminate the tenancy had been given by the other tenant. An order against interference with possession of property did not extend to matters of the duration of the tenancy.Lord Mustill said the Spycatcher injunctions were ‘obviously intended to stop the publication … Continue reading London Borough of Harrow v Johnstone: HL 13 Mar 1997
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
The requirement that a penal notice must have been endorsed upon an order before an application is made to commit the respondent for contempt, was not absolute. In exceptional and clear cases only, as here, such an order could be made, but this should be discouraged. Citations: Times 10-Mar-2000, [2000] EWCA Civ 4 Links: Bailii … Continue reading Jolly v Hull and Others, Jolly v Jolly: CA 21 Jan 2000
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
