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Balli, Re Contempt of Court Act 1981 (No. 2): ChD 15 Jul 2011

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

HM Solicitor General v Millinder: Admn 11 Nov 2022

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

Nield and Another v Loveday and Another: Admn 13 Jul 2011

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

Attorney-General v British Broadcasting Corporation; Same v Hat Trick Productions Ltd: CA 11 Jun 1996

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

Attorney General v Fraill and Another: Admn 16 Jun 2011

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

JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 2011

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

BBC, Petitioners: HCJ 11 Apr 2000

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

Allen v The Grimsby Telegraph and Another: QBD 2 Mar 2011

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

McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017

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

Balli (Also Known As Ravinder Singh), Re Contempt of Court: ChD 1 Jul 2011

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

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: 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

M (Children) (Contact Order): CA 11 Apr 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

Regina v Winchester Crown Court ex parte P B (A Minor): QBD 8 Jan 1999

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

JSC BTA Bank v Solodchenko and Others: CA 28 Oct 2011

The defendant appealed against a sentenced for contempt of court. He said that the sentence should have been at worst an order for costs. He had been chairman of the claimant bank, and stood accused of fraud. Held: In some cases the sanction provides an incentive for belated compliance, because the contemnor may seek a … Continue reading JSC BTA Bank v Solodchenko and Others: CA 28 Oct 2011

Home Office v Hariette Harman: HL 11 Feb 1982

The defendant had permitted a journalist to see documents revealed to her as in her capacity as a solicitor in the course of proceedings. Held: The documents were disclosed under an obligation to use them for the instant case only. That rule was imposed because ‘Discovery constitutes a very serious invasion of the privacy and … Continue reading Home Office v Hariette Harman: HL 11 Feb 1982

Attorney General v Associated Newspapers Ltd and Another: Admn 3 Mar 2011

Complaint was made that the defendant newspapers were in contempt of court in publishing on their respective web-sites showing the defendant in the criminal trial brandishing a gun, and claiming that he was boasting of his involvement. Held: The defendants were guilty of the offence. The defendant argued that the site was so organised that … Continue reading Attorney General v Associated Newspapers Ltd and Another: Admn 3 Mar 2011

Attorney General v Fraill and Another: CACD 16 Jun 2011

Juror’s use of Facebook was contempt The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet. Held: Both juror and defendant in the trial had committed contempt of court and were sentenced accordingly. The defendant juror said that … Continue reading Attorney General v Fraill and Another: CACD 16 Jun 2011

Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981

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

Raymond v Honey: HL 4 Mar 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

Harper and Another, Regina (on The Application of) v Aldershot Magistrates Court: Admn 8 Jun 2010

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

Acts

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ABC v Shulmans Llp: ComC 25 Sep 2019

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

Regina v Arundel Justices, Ex parte Westminster Press Ltd: 1985

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

Regina v Evesham Justices, ex parte McDonnagh: QBD 1988

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

A v British Broadcasting Corporation (Scotland): SC 8 May 2014

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

EGC v PGF NHS Trust: QBD 19 Jul 2022

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

Regina v Westminster City Council Ex Parte Castelli: QBD 14 Aug 1995

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

Birmingham Post and Mail Ltd v Birmingham City Council: QBD 12 Nov 1993

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

NT1 v Google Llc: QBD 18 Jan 2018

An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018

Times Newspapers Ltd v Abdulaziz: CACD 8 Jul 2016

The newspaper challenged an order that the part of the defendant’s trial for rape which related to his character and history should be heard excluding the press. Held: The order stood. Clearly such an order could be made only after careful consideration, and was a metter of great sensitivity. The fact that some element might … Continue reading Times Newspapers Ltd v Abdulaziz: CACD 8 Jul 2016

Times Newspapers Ltd and others v Regina and others: CMAC 24 Oct 2008

Anonymity not to be by secret trial The newspaper appealed against an order for the defendant soldiers’ trial to be held in camera. Held: Section 94(2) could not be used to provide anonymity. The court relied on its common law powers under which: ‘for us to be entitled to make any order for anonymity for … Continue reading Times Newspapers Ltd and others v Regina and others: CMAC 24 Oct 2008

Barnes (T/A Pool Motors) v Seabrook and Others: Admn 23 Jul 2010

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

Delaney v Delaney: CA 2 Nov 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

CWD v Nevitt and Others: QBD 21 May 2020

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

Times Newspapers Ltd and others v Soldier B: CACD 24 Oct 2008

(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

PNM v Times Newspapers Ltd and Others: CA 1 Aug 2014

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

A Local Authority v W L W T and R; In re W (Children) (Identification: Restrictions on Publication): FD 14 Jul 2005

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

A v The Secretary of State for The Home Department: SCS 17 May 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

Seckerson and Times Newspapers Ltd v The United Kingdom: ECHR 24 Jan 2012

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

JSC BTA Bank v Khrapunov: SC 21 Mar 2018

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

Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003

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

Regina v Barnet London Borough Council, Ex parte Shah: HL 16 Dec 1982

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

In re D (Acquitted Person: Retrial): CACD 27 Feb 2006

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

Re Wilkinson: CA 15 Apr 2002

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

Miller, Regina (on the Application of) v The Prime Minister; Cherry QC v Lord Advocate: SC 24 Sep 2019

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

Bourgass and Another, Regina (on The Application of) v Secretary of State for Justice: SC 29 Jul 2015

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

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

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

Attorney-General v News Group Newspapers Ltd: CA 1986

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

Attorney General v Random House Group Ltd: QBD 15 Jul 2009

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

Attorney-General v Leveller Magazine Ltd: HL 1 Feb 1979

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

AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 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

Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005

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

Greene v Associated Newspapers Ltd: CA 5 Nov 2004

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

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 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

PNM v Times Newspapers Ltd and Others: SC 19 Jul 2017

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

British Steel Corporation v Granada Television Ltd: CA 7 May 1980

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

Attorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited: Admn 3 Jul 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

Regina v Tantram; Regina v Bibby etc: CACD 24 May 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

Jolly v Hull and Others, Jolly v Jolly: CA 21 Jan 2000

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

Attorney-General v Birmingham Post and Mail Ltd: QBD 31 Aug 1998

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

Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management … Continue reading Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004

Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

The appellants had challenged the lawfulness of being stopped and searched by police. The officers relied on an authorisation made under the 2000 Act. They had been on their way to attending an arms fair, intending to demonstrate. Held: The Act was to be interpreted without deference to the respondent, and because of the powers … Continue reading Gillan and Quinton, Regina (on the Application of) v Commissioner of Police for the Metropolis and Another: CA 29 Jul 2004

Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

The prisoner complained that having written an autobiography, the manuscript materials had been withheld, and that this interfered with his rights of freedom of expression. Held: Such an action by the prison authorities was not incompatible with the prisoner’s rights. The materials were not privileged, but were intended for publication contrary to the standing orders. … Continue reading Nilsen, Regina (on the Application of) v Governor of HMP Full Sutton and Another: Admn 19 Dec 2003

Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

The claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001

H v H (A Child) (Occupation Order: Power of Arrest): CA 10 Jan 2001

The respondent was a minor who had been violent within the family. He had been ordered to leave the family home, and a power of arrest had been attached. He argued that this could not apply because he was a minor. The fact that he could not be imprisoned for contempt, did not reduce the … Continue reading H v H (A Child) (Occupation Order: Power of Arrest): CA 10 Jan 2001

Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

The claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005

Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

The prisoner challenged the decision to place him in segregation under Prison Rule 43. Under rule 43(1) the initial power to segregate was given to ‘the governor’. The case arose from the fact that the governor of one prison had purported to authorise the segregation of a prisoner on his arrival at another prison to … Continue reading Regina v Deputy Governor of Parkhurst Prison, Ex parte Hague, Weldon v Home Office: HL 24 Jul 1991

MGN Pension Trustees Ltd v Bank of America National Trust and Savings Association Etc: ChD 15 Dec 1994

There should be no refusal to allow reporting of civil proceedings where criminal proceedings were not likely to be prejudiced. The critical question in relation to section 4(2) is whether there is a substantial risk of prejudice to the administration of justice which could be avoided by the making of a postponing order. The court … Continue reading MGN Pension Trustees Ltd v Bank of America National Trust and Savings Association Etc: ChD 15 Dec 1994

Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Reference to Parliamentary Papers behind Statute The inspector sought to tax the benefits in kind received by teachers at a private school in having their children educated at the school for free. Having agreed this was a taxable emolument, it was argued as to whether the taxable benefit was the cost to the employer, or … Continue reading Pepper (Inspector of Taxes) v Hart: HL 26 Nov 1992

Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002

HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006

Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010

The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or less, made ineffective any right for judicial review. Held: The request was granted, and the 2010 … Continue reading Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010

Harris v Harris; Harris v Attorney General: FD 21 May 2001

The applicant had been committed for ten months for contempt, being in breach of family court injunctions. He applied to be released after two months on the basis that the unserved balance of the sentence be suspended. The court held that it had the power to do this, even in the absence of any direct … Continue reading Harris v Harris; Harris v Attorney General: FD 21 May 2001

Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004

The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Offence must be ;in accordance with law’ The court considered the meaning of the need for an offence to be ‘in accordance with law.’ The applicants did not argue that the expression prescribed by law required legislation in every case, but contended that legislation was required only where the common law rules were so uncertain … Continue reading The Sunday Times (No 1) v The United Kingdom: ECHR 26 Apr 1979

Regina v Secretary of State for The Home Department Ex Parte Simms: HL 8 Jul 1999

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

Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001

Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Prison rules were ultra vires in so far as they provided for reading letters between prisoners and their legal advisers. Every citizen has a right of unimpeded access to the court. A prisoner’s unimpeded access to a solicitor for the purpose of receiving advice and assistance in connection with a possible institution of proceedings in … Continue reading Regina v Secretary of State Home Department, ex parte Leech (No 2): CA 20 May 1993

Discovery Land Company, Llc and Others v Jirehouse and Others (Penalty): ChD 16 Aug 2019

[2019] EWHC 2264 (Ch) Bailii Contempt of Court Act 1981 14 England and Wales Citing: See Also – Discovery Land Company Llc and Others v Jirehouse and Others ChD 7-Jun-2019 The first claimant had requested the committal of a defendant for his alleged failure to comply with undertakings he had given to the court. He … Continue reading Discovery Land Company, Llc and Others v Jirehouse and Others (Penalty): ChD 16 Aug 2019

ex parte HTV Cymru (Wales) Ltd: 2002

The court granted an injunction to restrain the media from interviewing witnesses during the course of a criminal trial, and until all the evidence was complete. One witness would have to be recalled, and others might be recalled, and accordingly held that the proposed interviews would constitute a contempt of court pursuant to ss.1 and … Continue reading ex parte HTV Cymru (Wales) Ltd: 2002

Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

The claimant challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 2002

Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Domestic Offence requires Domestic Defence Each defendant sought to raise by way of defence of their otherwise criminal actions, the fact that they were attempting to prevent the commission by the government of the crime of waging an aggressive war in Iraq, and that their acts were accordingly justified in law. Held: The law on … Continue reading Regina v Jones (Margaret), Regina v Milling and others: HL 29 Mar 2006

Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Extension of Inquiries into Jury Room Activities The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use of … Continue reading Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004

Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007

Re Yaxley-Lennon (Aka Tommy Robinson): CACD 1 Aug 2018

Need for clarity in Contempt Allegation The defendant appealed from his convictions for contempt of court, being said to have broadcast details of criminal prosecutions despite orders to the contrary. He argued that any failure of procedure was fatal to the prosecutions. Held: As to the first hearing and contempt finding, the appeal failed. As … Continue reading Re Yaxley-Lennon (Aka Tommy Robinson): CACD 1 Aug 2018

Al Rawi and Others v The Security Service and Others: QBD 18 Nov 2009

The claimants sought damages from the defendants saying that they had been held and ill treated at various detention centres by foreign authorities, but with the involvement of the defendants. The defendants sought to bring evidence before the court as closed material, not to be seen by the claimants. Held: The court could make such … Continue reading Al Rawi and Others v The Security Service and Others: QBD 18 Nov 2009

Her Majesty’s Advocate v Mola: HCJ 7 Feb 2007

The court made a section 11 order to prevent the publication of the identity of a woman who was due to be the principal witness at the trial of a person charged with having recklessly infected her with HIV. There was evidence before the court that the woman’s mental health would be endangered if her … Continue reading Her Majesty’s Advocate v Mola: HCJ 7 Feb 2007

Total Network Sl v Revenue and Customs: HL 12 Mar 2008

The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008