The defendant litigant had been found guilty of contempt in the face of court and sentenced to six months’ imprisonment. The contemnor now sought to purge his contempt. Held: The sentence had been imposed as punishment and not to seek to enforce compliance with the order. As a result of his behaviour have had been … Continue reading Balli, Re Contempt of Court Act 1981 (No. 2): ChD 15 Jul 2011
The 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 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
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 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
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 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
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
While the general rule is that a Court will not hear an application for his own benefit by a person in contempt unless and until he has first purged his contempt, there is an established exception to that general rule where the purpose of the application is to appeal against, or have set aside, on … Continue reading The “Messiniaki Tolmi”: CA 2 Jan 1981
The 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
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
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
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
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
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
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
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 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
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
Following the acquittal of a prominent politician on a charge of conspiracy to murder, the New Statesman magazine published an article, based on an interview with one of the jurors, which gave an account of significant parts of the jury’s deliberations. It was submitted on behalf of the publisher, the editor and the journalist that … Continue reading HM Attorney-General v Associated Newspapers Ltd and Others: HL 4 Feb 1994
Human rights law is no aid in protecting a journalist against an order requiring the return of confidential documents, even though this might identify the source of leak. Citations: Times 15-Jul-1997, [1999] QB 124 Statutes: Contempt of Court Act 1981 Cited by: Cited – Financial Times Ltd and others v Interbrew SA CA 8-Mar-2002 The … Continue reading Camelot Group Plc v Centaur Communications Plc: QBD 15 Jul 1997
The name of a person with a notifiable disease could be withheld pending an appeal, but any anonymity given by court to party must end when it would not be needed for the purposes of justice. The power to make an order under s.11 must be exercised carefully and cannot be used simply to protect … Continue reading Birmingham Post and Mail Ltd v Birmingham City Council: QBD 12 Nov 1993
A complaint of contempt of court was defeated by a deal in the trial which had worked to reduce any risk of prejudice. Citations: Times 12-May-1994 Statutes: Contempt of Court Act 1981 1 2 Cited by: Appeal from – Attorney General v Independent Television News and Others CA 1995 Leggatt LJ said that counsel for … Continue reading Attorney General v Independent Television News and Others: QBD 12 May 1994
The harassment of a juror could take place even after a trial had finished and it remained a contempt of court. Citations: Times 15-Aug-1994 Statutes: Contempt of Court Act 1981 Crime Updated: 18 May 2022; Ref: scu.77953
The questions asked of a court when staying a criminal trial because of newspaper reporting, and when assessing a contempt of court, are different, and the stay of a trial need have no implication that a contempt has been committed. The strict liability rules did not help. Simon Brown LJ said: ‘It seems to me … Continue reading Attorney-General v Birmingham Post and Mail Ltd: QBD 31 Aug 1998
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
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
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
A ‘substantial risk’ in section 2(2) can means a risk which is ‘not insubstantial’. The test of ‘substantial risk’ and ‘serious prejudice’ are separate but overlapping. The degree of risk of impact of a publication on a trial and the extent of that impact may both be affected, in differing degrees according to the circumstances, … Continue reading Attorney-General v News Group Newspapers Ltd: CA 1987
The principles in American Cyanamid did not affect the rule in Bonnard v Perryman. Sir Denys Buckley saiod: ‘the question what meaning the words complained of bore was primarily one for the jury. Suppose the words bore the second meaning alleged and an injunction were granted restraining further publication, if application were made to commit … Continue reading Herbage v Times Newspapers Ltd: CA 30 Apr 1981
This appeal raises a question concerned with the protection from disclosure of confidential journalistic sources enjoyed by publishers under section 10 of the Contempt of Court Act 1981. Citations: [2019] EWCA Civ 350 Links: Bailii Statutes: Contempt of Court Act 1981 10 Jurisdiction: England and Wales Media, Contempt of Court Updated: 16 May 2022; Ref: … Continue reading Various Claimants v MGN Ltd: CA 7 Mar 2019
The court gave directions on how banks and other third parties were to respond to Mareva injunctions. The plaintiff had obtained orders against companies with bank accounts in England. The action was settled, but the banks sougfht clarification. Held: The application was dismissed. The injunction had been properly granted. An innocent third party had to … Continue reading Z Ltd v A-Z and AA-LL: CA 1982
The Attorney General sought an order of contempt of court at common law following the publication in the ‘New Statesman’ of a juror’s account of significant parts of the jury’s deliberations in the course of arriving at their verdict in the trial of the prominent politician, Jeremy Thorpe. Held: The application failed. The contents of … Continue reading Attorney General v New Statesman and National Publishing Company Ltd: 1981
Damages were awarded for a breach of statutory duty where the claimant had suffered loss or damage by reason of the breach. The publication at issue went beyond reporting and ‘it reached deeply into the substance of the matter which the court had closed its doors to consider’. A mental health review tribunal is a … Continue reading Pickering v Liverpool Daily Post and Echo Newspapers plc: HL 1991
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
Lord Diplock discussed section 10 of the 1981 Act, saying: ‘The exceptions include no reference to ‘the public interest’ generally and I would add that in my view the expression ‘justice’, the interests of which are entitled to protection, is not used in a general sense as the antonym of ‘injustice’ but in the technical … Continue reading Secretary of State for Defence v Guardian Newspapers Ltd (Tisdall Case): HL 1984
A jury trial procedure for contempt would never be appropriate: ‘If the trial is to be by jury, the possibility of prejudice by advance publicity directed to an issue which the jury will have to decide is obvious. The possibility that a professional judge will be influenced by anything he has read about the issues … Continue reading in Re Lonrho Plc: HL 1989
Claim for costs against third party local authority, Croydon LBC after four day private law fact finding hearing. F said that M had fabricated illnesses both in herself and the child leading to the LA being asked to prepare a report. That report failed to allow for established guidance on the topic, leading to the … Continue reading HB v PB: FD 9 Jul 2013
Citations: [1992] 94 CAR 376 Statutes: Contempt of Court Act 1981 4(2) Cited by: Cited – A and Others, Regina v; Regina v The Crown Court at the Central Criminal Court ex parte A Times Newspapers Ltd etc CACD 13-Jan-2006 The defendant was to be charged with offences associated with terrorism. He had sought stay … Continue reading Regina v Beck ex parte The Daily Telegraph, Ex parte The Telegraph Plc: 1992
The circumstances in which it is appropriate for a court to allow a name or other names to be withheld are rare. The Court cannot derogate from this principle for lesser purposes, including that of sparing the feelings of a defendant. Citations: [1988] 1 All ER 371, [1988] QB 540 Statutes: Contempt of Court Act … Continue reading Regina v Malvern Justices, Ex parte Evans: 1988
(Supreme Court of Canada) The court considered the reason behind the common law rule against a court examining the activities of a jury: ‘the rule seeks to preserve the secrecy of the jury’s deliberations, while ensuring that those deliberations remain untainted by contact with information or individuals from outside the jury. As a result, where … Continue reading Regina v Pan: 29 Jun 2001
An option was granted to purchase the reversion conferred on the lessees under certain leases. The price was be not less than andpound;12,000, and it was to be fixed by valuers appointed by each party and default of agreement it was to be fixed by an umpire. The lessors refused to appoint a valuer. Held: … Continue reading Sudbrook Trading Estate v Eggleston: HL 1983
The mere fact that a child is known to be a ward of court is not sufficient to make any publication identifying the child a contempt of court. Judges: Booth J Citations: [1988] 1 All ER 418 Statutes: Contempt of Court Act 1981 12 Jurisdiction: England and Wales Cited by: Cited – Kent County Council … Continue reading Re L (A Minor) (Wardship: Freedom of Publication): FD 1988
The court considered the effect of prejudicial reporting on a trial: ‘In a case such as this, the publications either will or will not prove to have been so harmful that when the time for the trial arrives the techniques available to the trial judge for neutralising them will be insufficient to prevent injustice. The … Continue reading Nankissoon Boodram v Attorney-General of Trinidad and Tobago: PC 19 Feb 1996
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
The defendant was tried for causing grievous bodily harm. After a majority direction, the jury returned, finding him guity. When asked if this was ‘the verdict of you all’, the formean replied ‘Yes’. The day after, he wrote to the judge to say that it had in fact been a majority verdict. Held: The appeal … Continue reading Regina v Millward: CACD 7 Apr 1998
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
Justices to be slow restricting reports under 4(2) when powers used MCA 80 s8. Citations: Times 28-Jun-1994 Statutes: Contempt of Court Act 1981 4(2), Magistrates Courts Act 1980 8 Criminal Practice Updated: 09 April 2022; Ref: scu.86108
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
A newspaper was held to have been in contempt of court for publishing details of the deliberations of a jury, even though it had not solicited the information. Beldam LJ said of the word ‘disclosure’: ‘It is a word wide enough to encompass the revealing of the secrets of the jury room by a juryman … Continue reading HM Attorney General v Associated Newspapers Ltd and Others: QBD 9 Dec 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
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
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
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
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 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
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
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
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
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
‘Occasion’ in the section means the occasion of committal – includes earlier sent. Ind Summary 27-Dec-1993 Contempt of Court Act 1981 14(1) England and Wales Contempt of Court Updated: 20 December 2021; Ref: scu.90168
[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
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
[1999] ScotHC 33 Bailii Contempt of Court Act 1981 1 2 England and Wales Contempt of Court Updated: 12 November 2021; Ref: scu.164328
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
Ward has no extra privilege from Police Interview The court considered the need to apply to court in respect of the care of a ward of the court when the Security services needed to investigate possible terrorist involvement of her and of her contacts. Application was made for a declaration as to the need for … Continue reading Re A Ward of Court: FD 4 May 2017
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
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
