Search Results for: Contempt of Court Act 1981 4(2)

Click the case name for better results:

Press Association, Regina (on The Application of) v Cambridge Crown Court: CACD 21 Nov 2012

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

Regina v Central Criminal Court ex parte The Telegraph Plc: CACD 1993

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

Regina v Newtonabbey Magistrates Court Ex Parte Belfast Telegraph Newspapers Ltd: CANI 27 Aug 1997

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

Re Guardian Newspapers and Others: CACD 20 Sep 1993

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

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

Adelson and Another v Associated Newspapers Ltd: QBD 1 May 2007

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

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

Ex Parte News Group Newspapers Ltd: CACD 21 May 1999

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

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

Scarsbrook or Galbraith v Her Majesty’s Advocate: HCJ 7 Sep 2000

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

Regina v Sherwood, ex parte The Telegraph Group plc and Others: CACD 12 Jun 2001

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

Regina v Beck ex parte The Daily Telegraph, Ex parte The Telegraph Plc: 1992

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

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

Times Newspapers Ltd and others v Regina: CACD 30 Jul 2007

The newspaper and other media companies appealed from an order restricting the reporting of parts of the evidence given in a trial for an offence under the 1989 Act. The objected that the order did not serve, as required, to protect any proceedings, and that it should not be a permanent ban. Held: The order … Continue reading Times Newspapers Ltd and others v Regina: CACD 30 Jul 2007

PNM v Times Newspapers Ltd and Others: QBD 22 Oct 2013

The claimant had been arrested on allegations of serious child sex abuse. The court now considered an application for a continuation or cancellation of an interim non-disclosure order. Held: The application for a non-disclosure order was dismissed, but the case was to remain anonymised pending any appeal. The court considered the balance between the diverging … Continue reading PNM v Times Newspapers Ltd and Others: QBD 22 Oct 2013

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

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

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

HM Attorney General v Yaxley-Lennon: QBD 9 Jul 2019

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

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

Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 2000

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

D v Revenue and Customs: FTTTx 22 Dec 2016

FTTTx (Procedure : Hearings In Private) PROCEDURE – application for hearing in private – rule 32 of Tribunal Rules – celebrity status of the appellant – deductibility of expenses against income – principle of open justice – whether the test of necessity for derogation met – whether anonymity strictly necessary – whether confidentiality of information … Continue reading D v Revenue and Customs: FTTTx 22 Dec 2016

Regina v Horsham Justices ex parte Farquharson: CA 1982

The Court was asked whether the justices had had power under section 4(2) to impose reporting restrictions on committal proceedings pending the trial to which they related.. Held: They had. A premature publication in contravention of a postponement order under section 4(2) of which the publisher was aware is a contempt of court notwithstanding section … Continue reading Regina v Horsham Justices ex parte Farquharson: CA 1982

Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998

Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998

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