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These cases are from the lawindexpro database. They are now being transferred to the swarb.co.uk website in a better form. As a case is published there, an entry here will link to it. The swarb.co.uk site includes many later cases.  














Contempt of Court - From: 1997 To: 1997

This page lists 26 cases, and was prepared on 02 April 2018.


 
 Attorney General v MGN Limited; CA 1997 - [1997] 1 All ER 456; [1997] EMLR 284

 
 London Borough of Harrow v Johnstone; HL 13-Mar-1997 - Gazette, 16 April 1997; Times, 14 March 1997; [1997] UKHL 9; [1997] 1 All ER 929; [1997] 1 WLR 459; [1997] 2 FCR 225; [1997] 1 FLR 887; [1997] Fam Law 478; [1997] 95 LGR 470
 
Regina v City of London Magistrates Court and Another, Ex Parte Green Times, 13 March 1997
13 Mar 1997
QBD

Contempt of Court
The 'downloading' of computer program required some permanent storage of what had been received. The word should be interpreted according to the dictionary usage.


 
 Arab Monetary Fund v Jawad Mahmoud Hashim; Salwa Al Rufaiee, etc; CA 21-Mar-1997 - [1997] EWCA Civ 1298

 
 Reverend Sister Gabriel (Aka Ms S Richmond) v Bailey And; Foister and Jagg Limited And; Arthur Andersen and Co (a Firm) and and Palmer Wheeldon (a Firm); CA 23-Apr-1997 - [1997] EWCA Civ 1501
 
Newspaper Publishing Plc and Others [1997] EWCA Crim 987; [1997] 1 WLR 926; [1997] 3 All ER 159
25 Apr 1997
CACD
Lord Bingham of Cornhill LCJ, Latham, PooleJJ
Crime, Contempt of Court, Media

[ Bailii ]
 
Davy International Ltd and others v Tazzyman and others and Davy International Ltd and others v Hergert Durnig and others [1997] EWCA Civ 1586; [1997] 1 WLR 1256
1 May 1997
CA

Contempt of Court

1 Cites

1 Citers

[ Bailii ]

 
 Attorney-General v Newspaper Publishing Plc and Others; CA 2-May-1997 - Times, 02 May 1997; [1998] Ch 333; [1997] 1 WLR 927
 
Schot and Another, v Regina Times, 14 May 1997; [1997] 2 Cr App Rep 303; [1997] EWCA Crim 3424; [1997] 2 Cr App Rep 383
12 May 1997
CACD
Rose LJ VP, Forbes, Keene JJ
Crime, Contempt of Court
Jurors, after retirement refused to deliver a verdict claiming personal reasons. The were summoned to court to answer charges of contempt of court. Explaining the contempt proceedings that the jurors faced, the trial judge said: "[I]n so far as those two jurors are concerned . . I want them to come before this court for the direct contempt that they have shown to this court and show cause why they ought not to be fined substantial amounts of money . . That is . . show cause why you should not be fined for the deliberate contempt you have shown to this court in wasting so much of court time and leading us into this situation." The judge subsequently found both jurors guilty of contempt, concluding: "[A]ll I have to decide is having heard what the defendants have had to say and having taken account of what the jury did say to the court through their notes, I have no hesitation in saying that both defendants are guilty of a contempt of court because both of them in their own way have intentionally disrupted this entire trial by their refusal. Therefore, I hold them in contempt." Held: The appeals succeeded. The court pointed to a sequence of errors in the trial judge's approach. On the test for contempt, the court explained: "[C]ontumacious refusal to reach a verdict because of reluctance to judge another person, may, in an appropriate case, establish the actus reus of contempt, though it may be difficult or impossible to prove. The mens rea, namely an intention to impede or create a real risk of prejudicing the administration of justice, must also be proved . . This can be established by foreseeability of consequence. But the judge in the present case does not appear to have given any consideration to this, save to say ‘both of them in their own way have intentionally disrupted the entire trial by their refusal'. In the light of Barclay's evidence that she did not want to disrupt the court's process or be disrespectful towards the court, and Schot's evidence that she wanted, or had tried, to reach a verdict, this is a difficult conclusion to sustain in the absence of any finding by the judge that he rejected that evidence . ."
1 Citers

[ Bailii ]
 
Attorney General v Michael Ronald Unger; Manchester Evening News Limited and Associated Newspapers Limited [1997] EWHC Admin 624; [1998] 1 Cr AR 308
3 Jul 1997
Admn
Simon Brown LJ, Garland J
Contempt of Court, Media
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 the charges. The contempt allegations were on the basis that at the date of publication there was a real chance that the defendant might have elected trial by jury, in which case there was a substantial risk that her trial would be seriously prejudiced, and second, at the invitation of the court, that the publication could have impacted on the defendant in such a way that she might see no point in seeking to deny the allegation which otherwise she might have contested. In the context of potential prejudice, Simon Brown LJ recorded his concern that the courts should not speak: "with two voices, one used to dismiss criminal appeals with the Court roundly rejecting any suggestion that prejudice resulted from media publications, the other holding comparable publications to be in contempt, the Courts on these occasions expressing grave doubts as to the jury's ability to forget or put aside what they had heard or read. I am certainly not saying that in respect of one and the same publication there cannot be both a contempt . . and a safe conviction. Plainly there can, most obviously perhaps in cases where the trial has had to be moved or delayed to minimise the prejudice occasioned by some publication. But generally speaking it seems to me that unless a publication materially affects the course of the trial in that kind of way, or requires directions from the court well beyond those ordinarily required and routinely given to juries to focus their attention on evidence called before them…, or creates at the very least a seriously arguable ground for an appeal on the basis of prejudice, it is unlikely to be vulnerable to contempt proceedings under the strict liability rule."
Contempt of Court Act 1981 2(2)
1 Cites

1 Citers

[ Bailii ]

 
 In Re A v B, Ex Parte News Group Newspapers Ltd; EAT 4-Jul-1997 - Times, 04 July 1997
 
Regina v Kehoe [1997] EWCA Crim 1826
14 Jul 1997
CACD

Criminal Sentencing, Contempt of Court
The defendant appealed a sentence of two months for contempt in the face of the court. When coming to court to give evidence on behalf of her partner in respect of allegations of sexual assault against his daughters, she had met the same daughters also attending as witnesses outside the court. She had called them 'scum,' and they had felt intimidated. She had admitted her offence and apologised. The sentence was appropriate, but the recorder had not known of her ill health, and on compassionate grounds her sentence was reduced to 28 days.
Administration of Justice Act 1960
[ Bailii ]
 
North Staffordshire Hospitals NHS Trust; Southall v Payne (Also Known As Wraxall); Dean; Morgan and Baldwin [1997] EWCA Civ 2244
30 Jul 1997
CA

Contempt of Court, Legal Aid

[ Bailii ]
 
Griffith Smith (a Firm) v Irving Slater [1997] EWCA Civ 2259
31 Jul 1997
CA

Contempt of Court

[ Bailii ]

 
 Taylor and Taylor v Ribby Hall Leisure Limited and North West Leisure Holdings Limited; CA 6-Aug-1997 - Times, 06 August 1997; [1997] EWCA Civ 2220; [1998] 1 WLR 400
 
Re B (Minors) [1997] EWCA Civ 2311
22 Aug 1997
CA

Family, Contempt of Court

[ Bailii ]
 
Regina v Newtonabbey Magistrates Court Ex Parte Belfast Telegraph Newspapers Ltd Times, 27 August 1997; 1997 NILR 309; [1997] NI QBD 309
27 Aug 1997
CANI

Contempt of Court, Northern Ireland
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 able to face trial. The newspaper objected. Held. Magistrates cannot prevent publication of proceedings outside the strict limits of the Act even if could interfere with course of justice. "The use of the words 'some other public interest' indicates that Lord Diplock had in mind the protection of the public interest in the administration of justice rather than the private welfare of those caught up in that administration."
Contempt of Court Act 1981 4(2)
1 Citers


 
Little v Moriarty [1997] EWCA Civ 2401
2 Oct 1997
CA

Contempt of Court, Criminal Sentencing

[ Bailii ]
 
Regina v Tyne Tees Television Ltd Times, 20 October 1997
20 Oct 1997
CA

Contempt of Court
Judge should always invite contemnor to obtain and allow legal representation before proceeding with contempt charge.

 
Camelot Group plcv Centaur Communications Limited Gazette, 12 November 1997; Times, 30 October 1997; [1997] EWCA Civ 2554; [1999] QB 124
23 Oct 1997
CA
Lord Justice Schiemann, Lord Justice Thorpe, Lord Justice Mummery
Contempt of Court, Employment, Media, Human Rights
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 source of them. Could the section protect the source? A balancing exercise was required, one which would differ from case to case. Here it weighed in favour of disclosure. In this case there remained a threat of further damage from a disloyal senior employee.
Contempt of Court Act 1981 10 - European Convention on Human Rights Art 10
1 Cites

1 Citers

[ Bailii ]
 
Shirina Begum v Khosru Miah [1997] EWCA Civ 2578
27 Oct 1997
CA

Criminal Sentencing, Contempt of Court

[ Bailii ]
 
Her Majesty's Attorney-General at Relation of Mayor and Burgesses of London Borough of Greenwich v David Jennings [1997] EWCA Civ 2582
28 Oct 1997
CA

Contempt of Court

[ Bailii ]
 
Lorna Creighton v Andrew Mary Creighton [1997] EWCA Civ 2597
29 Oct 1997
CA

Contempt of Court

[ Bailii ]
 
Her Majesty's Attorney General v Associated Newspapers Ltd, Evening Standard and Another [1997] EWHC Admin 955
31 Oct 1997
Admn
Kennedy LJ, Smith LJ, Walker LJ
Contempt of Court

[ Bailii ]
 
Thomas O'Neill Margarita O'Neill v Tracey Mcgee Ann Gray Peter Gray Andrew Mcgee [1997] EWCA Civ 2696
11 Nov 1997
CA

Contempt of Court
Application for leave to appeal out of time and for leave to appeal against committal for contempt.
[ Bailii ]
 
In Re De Court Times, 27 November 1997
27 Nov 1997
ChD
Sir Richard Scott VC
Contempt of Court
Any assault on an officer whilst undertaking official duties is contempt even if assault not in court itself.
Contempt of Court Act 1981

 
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