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.


Dame Victoria Sharp, Warby J


[2019] EWHC 1791 (QB)




England and Wales


CitedSkipworth’s Case, Onslow v Skipworth; Regina v Castro 1873
The Attorney-General proceeded against the respondent for contempt, at the request of the Court, and ‘as the representative of the profession’. A contempt may be severe where an insult is offered in court to the judge who presides, or where a . .
CitedRex v Davies 1906
The sole purpose of proceedings for contempt is to give our courts the power effectively to protect the rights of the public by ensuring that the administration of justice shall not be obstructed or prevented . .
CitedMorris v Crown Office CA 1970
The applicants had been engaged in a calculated and coordinated campaign of disruption of the court.
Held: ‘The archaic description of these proceedings as ‘contempt of court’ is in my view unfortunate and misleading. It suggests that they are . .
CitedAttorney-General v Times Newspapers Ltd HL 1973
The House considered the bringing of contempt proceedings by the Attorney General.
Held: The Attorney General must prove to the criminal standard of proof that the respondent had committed an act or omission calculated to interfere with or . .
CitedAttorney-General v English HL 1981
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 . .
CitedRegina v Runting 1989
‘ . . the law insists that a defendant and witnesses, and indeed anyone else who has a duty to perform at a Court, whether in a criminal trial or in a civil trial, is entitled to go to and from the Court, that is between his home and the Court, . .
CitedHM Solicitor General v Cox and Another QBD 27-May-2016
Applications for committal of the defendants for having taken photographs of court proceedings when their friend was being sentenced for murder and publishing them on Facebook. The SG urged that the offences had aggravating features taking the . .
CitedWoodward v Earl Lincoln 2-Dec-1674
Assistance rendered to magistrates making restitution after a forcible entry, is a breach of an injunction for quieting possession. . .
CitedRegina 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 . .
CitedZ Ltd v A-Z and AA-LL CA 1982
The plaintiffs, an overseas company with an office in London had been defrauded here. They sought and obtained Mareva injunctions against defendants and against six clearing banks. The banks sought clarification of their duties.
Held: The . .
CitedAttorney General v News Group Newspapers 1984
Stephen Brown LJ observed that there is ‘a strict duty of care placed upon those who publish news items relating to trials to ensure that they do not run the risk of interfering with the course of justice.’ . .
CitedAttorney-General v Guardian Newspapers Ltd (No 3) CA 1992
To found a complaint of contempt the risk arising from the publication must be practical rather than theoretical or illusory. Publicity concerning a named defendant before a jury during the jury trial of another charge did not give rise to a serious . .
CitedIn re B CACD 27-Oct-2006
Media bodies appealed against an order postponing publicity about the trial of the defendant until the conclusion of the trial of his co-defendants. He had asked to be sentenced on his plea rather than to have his sentence postponed. The judge was . .
CitedMontgomery and Coulter v Her Majesty’s Advocate PC 19-Oct-2000
The test of whether a defendant’s common law right to a fair trial had been damaged by pre-trial publicity was similar to the test under the Convention, and also where there was any plea of oppression. The substantial difference is that no balancing . .
Lists of cited by and citing cases may be incomplete.

Contempt of Court

Updated: 23 July 2022; Ref: scu.639727