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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

Regina v Havant Justices ex parte Palmer: QBD 1985

Palmer was a witness to proceedings before a Magistrates’ Court. Whilst he and the defendant were waiting in the foyer outside the court for the magistrates to consider their decision Palmer threatened the defendant. He was charged with and convicted of a contempt, then sought to appeal. The crown court declined jurisdiction. He then sought … Continue reading Regina v Havant Justices ex parte Palmer: QBD 1985

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

Attorney General v Scotcher: HL 19 May 2005

Following a trial, a juror wrote to the defendant’s mother to say that other jury members had not considered the case in a proper manner. He had been given written advice that he was not free to discuss a case with anyone. He appealed his conviction for contempt of court, saying that his intention had … Continue reading Attorney General v Scotcher: HL 19 May 2005

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

The Sunday Times v The United Kingdom (No 1): ECHR 6 Nov 1980

The Court had held, inter alia, that there had been a breach of Article 10 by reason of an injunction granted against Times Newspapers Limited in accordance with the English law of contempt of court but no breach of Article 14 (art. 14). During the proceedings on the merits, the applicants, without quantifying their claim, … Continue reading The Sunday Times v The United Kingdom (No 1): ECHR 6 Nov 1980

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

Watkins v Home Office and others: HL 29 Mar 2006

The claimant complained of misfeasance in public office by the prisons for having opened and read protected correspondence whilst he was in prison. The respondent argued that he had suffered no loss. The judge had found that bad faith was established in three prison officers. In one case the officer opened the letter in front … Continue reading Watkins v Home Office and others: HL 29 Mar 2006

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

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

James, Regina (on The Application of) v HM Prison Birmingham and Others: CA 9 Feb 2015

The court considered the treatment of time on remand by those who have been arrested under section 43 of the 2009 Act for breach of a final gang injunction order under sections 34 to 36 of the 2009 Act, and subsequently imprisoned for contempt of court pursuant to section 14 of the Contempt of Court … Continue reading James, Regina (on The Application of) v HM Prison Birmingham and Others: CA 9 Feb 2015

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

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

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

Crofter Hand Woven Harris Tweed Company Limited v Veitch: HL 15 Dec 1941

The plaintiffs sought an interdict against the respondents, a dockers’ union, who sought to impose an embargo on their tweeds as they passed through the port of Stornoway. Held: A trade embargo was not tortious because the predominant purpose of the conspirators was to protect their own interests, not to damage those of the plaintiffs. … Continue reading Crofter Hand Woven Harris Tweed Company Limited v Veitch: HL 15 Dec 1941

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

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

Regina v Young (Stephen): CACD 30 Dec 1994

Jury Consulting Ouija Board – Serious Irregularity It had been suggested that during their overnight stay in a hotel after retiring to consider their verdict, some of the jurors had consultated an ouija board to consult with the deceased, and to ask him who had been his killer. Having believed that contact had been made, … Continue reading Regina v Young (Stephen): CACD 30 Dec 1994

Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009

An application was made to discharge an anonymity order made in previous criminal proceedings before the House. The defendant was to be retried for rape under the 2003 Act, after an earlier acquittal. The applicant questioned whether such a order could properly be made, and said that in any event it should be discharged. Held: … Continue reading Attorney General’s Reference No 3 of 1999: Application By the British Broadcasting Corporation To Set Aside or Vary a Reporting Restriction Order: HL 17 Jun 2009

Scott v Scott: HL 5 May 1913

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

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

HM Attorney General v MGN Ltd and Another: Admn 29 Jul 2011

The police arrested a man on suspicion of the murder of a young woman. He was later released and exonerated, and a second man arrested and later convicted. Whilst the first was in custody the two defendant newspapers, the Daily Mirror and the Sun ran stories which were so vivid that the Attorney-General said, they … Continue reading HM Attorney General v MGN Ltd and Another: Admn 29 Jul 2011

HM Attorney General v Seckerson and Times Newspapers Ltd: Admn 13 May 2009

The first defendant had been foreman of a jury in a criminal trial. He was accused of disclosing details of the jury’s votes and their considerations with concerns about the expert witnesses to the second defendant. The parties disputed the extent of disclosure required to amount to an offence. Held: There was no place for … Continue reading HM Attorney General v Seckerson and Times Newspapers Ltd: Admn 13 May 2009

Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975

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

AB, Regina (On the Application of) v Secretary of State for Justice and Another: Admn 4 Sep 2009

The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior … Continue reading AB, Regina (On the Application of) v Secretary of State for Justice and Another: Admn 4 Sep 2009

M v Home Office and Another; In re M: HL 27 Jul 1993

A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would … Continue reading M v Home Office and Another; In re M: HL 27 Jul 1993

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

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

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

Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009

Attorney General v MGN Limited: CA 1997

There had been, over some years, ‘saturation coverage’ of the relationship between a television personality and her boyfriend. Disclosures were made about his violence and his previous convictions. He came to be arrested and charged with a serious assault. Some newspapers published articles about the alleged incident. He successfully applied for the proceedings to be … Continue reading Attorney General v MGN Limited: CA 1997

Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001

The respondent operated a web site which contained a chat room. Defamatory remarks were made by a third party through the chat room, and the claimant sought details of the identity of the poster. The respondent refused to do so without a court order. One was applied for, and the claimant was given the information … Continue reading Totalise Plc v The Motley Fool Limited and Interative Investor Limited (2): CA 19 Dec 2001

Slade v Slade: CA 17 Jul 2009

Contempt sentence to reflect existing punishment The wife appealed against a sentence of imprisonment imposed for a second contempt of court. She said that the behaviour complained of had already been dealt with in criminal proceedings. Held: The sentence was reduced. The second court should be fully informed of the factors and circumstances reflected in … Continue reading Slade v Slade: CA 17 Jul 2009

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