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 defendant was to face trial under the 2006 Act. He applied for an order under section 4(2) of the 1981 Act postponing the reporting of the proceedings on the grounds that knowledge by the jury of the inquiry and police investigation would be prejudicial. Media organisations now applied for the order made to be … Continue reading Sarker, Regina v: CACD 13 Jun 2018
An application was made at this pre-trial review, by the claimants in two actions, where they had already obtained orders to preserve their anonymity, for orders protecting that anonymity under the defendant’s search engine. Judges: Nicklin J Citations: [2019] QB 344, [2018] EWHC 67 (QB) (Rev 3 Links: Bailii Statutes: Contempt of Court Act 1981 … Continue reading NT1 v Google Llc: QBD 18 Jan 2018
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
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
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
The applicant had been committed for ten months for contempt, being in breach of family court injunctions. He applied to be released after two months on the basis that the unserved balance of the sentence be suspended. The court held that it had the power to do this, even in the absence of any direct … Continue reading Harris v Harris; Harris v Attorney General: FD 21 May 2001
The newspaper challenged an order that the part of the defendant’s trial for rape which related to his character and history should be heard excluding the press. Held: The order stood. Clearly such an order could be made only after careful consideration, and was a metter of great sensitivity. The fact that some element might … Continue reading Times Newspapers Ltd v Abdulaziz: CACD 8 Jul 2016
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 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
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
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
The court granted an injunction to restrain the media from interviewing witnesses during the course of a criminal trial, and until all the evidence was complete. One witness would have to be recalled, and others might be recalled, and accordingly held that the proposed interviews would constitute a contempt of court pursuant to ss.1 and … Continue reading ex parte HTV Cymru (Wales) Ltd: 2002
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
The defendant appealed against a sentenced for contempt of court. He said that the sentence should have been at worst an order for costs. He had been chairman of the claimant bank, and stood accused of fraud. Held: In some cases the sanction provides an incentive for belated compliance, because the contemnor may seek a … Continue reading JSC BTA Bank v Solodchenko and Others: CA 28 Oct 2011
[1999] ScotHC 33 Bailii Contempt of Court Act 1981 1 2 England and Wales Contempt of Court Updated: 12 November 2021; Ref: scu.164328
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
The court made a section 11 order to prevent the publication of the identity of a woman who was due to be the principal witness at the trial of a person charged with having recklessly infected her with HIV. There was evidence before the court that the woman’s mental health would be endangered if her … Continue reading Her Majesty’s Advocate v Mola: HCJ 7 Feb 2007
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
Order for Journalist to Disclose Sources The newspaper published details of the medical records of Ian Brady, a prisoner and patient of the applicant. The applicant sought an order requiring the defendant newspaper to disclose the identity of the source of material which appeared to have originated in the hospital. Held: An order requiring disclosure … Continue reading Ashworth Security Hospital v MGN Limited: HL 27 Jun 2002
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
Complaint was made that the defendant newspapers were in contempt of court in publishing on their respective web-sites showing the defendant in the criminal trial brandishing a gun, and claiming that he was boasting of his involvement. Held: The defendants were guilty of the offence. The defendant argued that the site was so organised that … Continue reading Attorney General v Associated Newspapers Ltd and Another: Admn 3 Mar 2011
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
Juror’s use of Facebook was contempt The court considered whether a juror had committed contempt of court. She had communicated with a defendant via Facebook, despite explicit warnings not to use the internet. Held: Both juror and defendant in the trial had committed contempt of court and were sentenced accordingly. The defendant juror said that … Continue reading Attorney General v Fraill and Another: CACD 16 Jun 2011
In matrimonial proceedings, Mr L had defied a court order to pay redundancy and other money due to him into a solicitors’ joint account upon receipt, pending further order. Mr L received andpound;30,000, paid all the money into his own account, withdrew andpound;24,000, and claimed to have gambled that sum away. He was sentenced to … Continue reading Lightfoot v Lightfoot: CA 1989
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
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
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
Wrongful Transmission of Distanced Hearing In a defamation case, the solicitors representing one party had live streamed a video of a defamation trial to several individuals outside the jurisdiction without the Court’s permission. The trial took place during the Coronavirus pandemic, and conducted at a distance. There had been discussions between the judge and solicitors … Continue reading Gubarev and Another v Orbis Business Intelligence Ltd and Another: QBD 6 Aug 2020
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
The Attorney General sought a finding of contempt against the defendant television company in respect of its reporting of a criminal trial. The defendant in the trial faced a charge of murder. The company broacast to the region on the morning of the . .
The appellants appealed against orders for delivery up of papers belonging to the claimant. The paper was a market sensitive report which had been stolen and doctored before being handed to the appellant.
Held: The Ashworth Hospital case . .
The court can order the identity of a wrongdoer to be revealed where the person against whom the order was sought had become involved in his tortious acts. This might apply even where the acts were unlawful, but fell short of being tortious. There . .
In a case where a contemnor not only fails wilfully and contumaciously to comply with an order of the court but makes it clear that he will continue to defy the court’s authority if the order should be affirmed on appeal, the court must have a . .
Where a party sought from a newspaper disclosure of the source of a journalists story, and an order for contempt in default he was under a duty first to attempt to find that source through other means. A failure even to try can be persuasive to the . .
A court asked to sentence for contempt of court is not sentencing for the criminal equivalent of what the contemnor has done, and ‘Great care must be taken, if there are concurrent criminal or civil proceedings, to ensure that sentences in two or . .
When sentencing for harassment, the court must look to previous failures to obey court orders, the defendant’s mental health, and his readiness to undergo treatment, as well as the seriousness of the conduct constituting the harassment. ‘For a . .
The respondent had been sentenced to two months imprisonment for breaches of orders under the Act. The wife appealed, seeking to increase the sentence. The maximum sentence was two years.
Held: The court had to consider such cases in the light . .
The court system has acknowledged that the movement toward wider and wider publication of case law (of which we form part) has potential conflicts with privacy in general, and GDPR and Human Rights in particular. There have therefore been developed much more explicit systems for applying to court for ‘anonymity orders’ – an order that … Continue reading Anonymity Orders
A web site operator who declined responsibility for the moderation of a chat room on the site, but did take steps to remove a poster making defamatory remarks, could not rely upon the Act to resist disclosure of the identity of the author. The Act . .
Complaint was made that defendant newspapers were to publish confidential medical records of doctors suffering Aids. An injunction was sought to prevent use of records given to a journalist by a hospital employee. The records related to doctors in . .
Leggatt LJ said that counsel for the Attorney General was correct when he submitted that: ‘It does not follow that because a risk had been created by the broadcast, further publication in newspapers would not create fresh and added risk of . .
The court was asked whether disclosure should be ordered in the context of the statutory privilege which was created by s.10 of the 1981 Act. The publisher defendant had deposed that it would justify the material. At trial, however, the defence of . .
Whether a prisoner serving a sentence for contempt of court is subject to the same rules as to early release etc as other prisoners.
Held: ‘paragraph 5.2 of PSO 6300 is unlawful in so far as it purports to require, or is interpreted by the . .
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
(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
Judges: Lady Justice Andrews and Mr Justice Cavanagh Citations: [2022] EWHC 2832 (Admin) Links: Bailii Statutes: Senior Courts Act 1981 42 Jurisdiction: England and Wales Litigation Practice, Contempt of Court Updated: 17 November 2022; Ref: scu.682832
The claimant had obtained orders against two companies who banked with the respondent. Asset freezing orders were served on the bank, but within a short time the customer used the bank’s Faxpay national service to transfer substantial sums outside the bank’s branch controls, and defeat the freezing order. The claimant sought recovery from the bank. … Continue reading Commissioners of Customs and Excise v Barclays Bank Plc: ComC 3 Feb 2004
The claimant sought discovery of documents from the solicitors for a defendant said to be in contempt of court. Held: The disclosure was required to support an existing finding of contempt and in enforcing the order for committal. Henderson J said that in the absence of such an order the disclosure order would not have … Continue reading JSC BTA Bank v Solodchenko and Others: ChD 5 Aug 2011
A had been chairman of the claimant bank. After removal, A fled to the UK, obtaining asylum. The bank then claimed embezzlement, and was sentenced for contempt after failing to disclose assets when ordered, but fled the UK. The Appellant, K, was A’s son-in-law living in Switzerland. It was claimed that he had assisted A … Continue reading JSC BTA Bank v Khrapunov: SC 21 Mar 2018
The claimant had in the past obtained an injunction to prevent the defendant broadcasting without their licence musical works belonging to their members at his nightclub. The defendant had obtained a licence, but had not renewed it. The claimants in this action sought additional damages under section 97. Held: Where the underlying infringement is established … Continue reading Phonographic Performance Ltd v Reader: ChD 22 Mar 2005
World-wide freezing orders had been made under the 1982 Act. The defendants were members of a Turkish family with substantial business interests in the telecommunications industry. In breach of orders made in the US some defendants had sought to hide their assets. They had failed to respond as required to orders to disclose their assest, … Continue reading Motorola Credit Corporation v Uzan and others (No 2): CA 12 Jun 2003
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
Their client had been found in contempt and sentenced to imprisonment. The solicitors were now subject to an application for disclosure of further details of how they contacted their client. The court considered the jurisdiction of the court to make such an order and how it might affect legal privilege. The respondent solicitors were Addleshaw … Continue reading JSC BTA Bank v Ablyazov and Others: ComC 15 May 2012
A challenge by request for judicial review to the legality of the comprehensive ban on smoking at the State Hospital at Carstairs which the State Hospitals Board adopted. The appellant, a detained patient, did not challenge the ban on smoking indoors, but rather as to the ban on smoking in the grounds and on home … Continue reading McCann v The State Hospitals Board for Scotland: SC 11 Apr 2017
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
PC (Trinidad and Tobago) The complainant said that his constitutional rights had been infringed by the court’s delay. Proceedings had begun in 1987 for redress with regard to a land dispute. There was substantial delay in the appeal, and at one point a judge had died after hearing the application but before he had delivered … Continue reading Boodhoo, Jagram, (suing on behalf of themselves and the Sanatan Dharma Sudhar Sadha) v The Attorney General of Trinidad and Tobago: PC 1 Apr 2004
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 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
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 claimant sought leave to cross examine an officer of the defendant in connection with his affidavit sworn in search order proceedings. The case had a history of deceit and dishonest oral evidence. Held: Though such an order would be exceptional, sufficient grounds had been shown in this case. Judges: Morison J Citations: [2006] EWHC … Continue reading Kensington International Ltd v Republic of Congo and Another: ComC 20 Jul 2006
The claimants, mother and son, sought damages from the respondent after they had commenced care proceedings resulting in the son being taken into temporary care. The authority had wrongly suspected abuse. The boy was later found to suffer brittle bone disease. Held: The court could not have made the interim order sought without first concluding … Continue reading AD and OH (A Child) v Bury Metropolitan Borough Council: CA 17 Jan 2006
The claimant wished to pursue his claim for defamation against the defendant, but was reluctant to return to the UK to give evidence, fearing arrest and extradition to the US. He appealed refusal of permission to be interviewed on video tape. Held (Majority): The appeal succeeded, and the judge’s order allowing the evidence to be … Continue reading Polanski v Conde Nast Publications Ltd: HL 10 Feb 2005
The claimant appealed against refusal of an order restraining publication by the respondent of an article about her. She said that it was based upon an email falsely attributed to her. Held: ‘in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will … Continue reading Greene v Associated Newspapers Ltd: CA 5 Nov 2004
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
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
The requirement that a penal notice must have been endorsed upon an order before an application is made to commit the respondent for contempt, was not absolute. In exceptional and clear cases only, as here, such an order could be made, but this should be discouraged. Citations: Times 10-Mar-2000, [2000] EWCA Civ 4 Links: Bailii … Continue reading Jolly v Hull and Others, Jolly v Jolly: CA 21 Jan 2000
The prisoner, a notorious murderer had begun to write his autobiography. His solicitor wished to return a part manuscript to him in prison to be finished. The prison did not allow it, and the prisoner claimed infringement of his article 10 rights. Held: Section 47 of the Act speaks not only of regulation and management … Continue reading Nilsen v HM Prison Full Sutton and Another: CA 17 Nov 2004
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 claimants challenged the instruction that they must squat whilst undergoing a strip search in prison. A dog search had given cause to supect the presence of explosives in the wing, and the officers understood that such explosives might be hidden anally. Held: The common thread in all the cases has been the search to … Continue reading Regina v Carroll and Al-Hasan and Secretary of State for Home Department: Admn 16 Feb 2001
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 court refused to make an order for costs against a non-party though he was interested in its outcome. Lord Abinger CB said: ‘If we were at liberty to consult equity and justice, we should probably make this rule absolute. But the authority of the courts at Westminster is derived from the Queen’s writ, directing … Continue reading Hayward v Giffard And Grove: Cex 1838
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
The claimant had obtained injunctive relief against the defendant for patent infringement. Only twelve months of the patent remained, and the claimants applied for an extension of the injunction twelve months beyond the patent expiry, and for other injunctive relief. Held: The defendant could not begin arrangements to take advantage of the expiry of the … Continue reading Dyson Appliances Ltd v Hoover Ltd: PatC 5 Apr 2001
(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 respondent was a minor who had been violent within the family. He had been ordered to leave the family home, and a power of arrest had been attached. He argued that this could not apply because he was a minor. The fact that he could not be imprisoned for contempt, did not reduce the … Continue reading H v H (A Child) (Occupation Order: Power of Arrest): CA 10 Jan 2001
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 claimant was detained in a secure Mental Hospital. He complained at the seclusions policy applied by the hospital, saying that it departed from the Guidance issued for such policies by the Secretary of State under the Act. Held: The House allowed the Hospital’s appeal. The policy was lawful. Seclusion was to be seen as … Continue reading Regina v Ashworth Hospital Authority (Now Mersey Care National Health Service Trust) ex parte Munjaz: HL 13 Oct 2005
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
Public Inquiry is not In the Course of Justice (Crown Court at Manchester) A retired solicitor and two retired police officers faced trial charged with doing acts tending and intended to pervert the course of public justice. They were said to have proposed alterations to statements of police officers to be used before a public … Continue reading Regina v Metcalf, Denton, Foster: 26 May 2021
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
Rehearing/Review – Little Difference on Appeal The appellant asked the Court to reverse a decision on the facts reached in the lower court. Held: The appeal failed (Majority decision). The court’s approach should be the same whether the case was dealt with as a rehearing or as a review. Tanfern was limited to appeals from … Continue reading Assicurazioni Generali Spa v Arab Insurance Group (BSC): CA 13 Nov 2002
The claimant had served an asset freezing order on the bank in respect of one of its customers. The bank paid out on a cheque inadvertently as to the order. The Commissioners claimed against the bank in negligence. The bank denied any duty of care. Held: The bank’s appeal succeeded. The bank owed a duty … Continue reading HM Customs and Excise v Barclays Bank Plc: HL 21 Jun 2006
The claimant, a charity assisting immigrants and asylum seekers, challenged a policy document regulating the access to the court of failed applicants facing removal. They said that the new policy, reducing the opportunity to appeal to 72 hours or less, made ineffective any right for judicial review. Held: The request was granted, and the 2010 … Continue reading Medical Justice, Regina (on The Application of) v Secretary of State for The Home Department: Admn 26 Jul 2010
The applicants had had their requests for asylum refused. They complained that if they were removed from the UK, their article 3 rights would be infringed. If they were returned to Pakistan or Vietnam they would be persecuted for their religious faiths. Held: A distinction was to be made between domestic cases involving actions within … Continue reading Regina v Special Adjudicator ex parte Ullah; Regina v Secretary of State for the Home Department: HL 17 Jun 2004
The publishers had gone to great lengths to keep advance copies of a forthcoming book in the Harry Potter series secret. They became aware that some had been stolen from the printers and sought injunctions against the defendants and another unnamed and unknown person. Held: The court was able to make the order sought against … Continue reading Bloomsbury Publishing Group Ltd and J K Rowling v News Group Newspapers Ltd and others: ChD 23 May 2003
County Court sitting at Milton Keynes. The claimant prisoner sought damages saying that his personal property had been damaged whilst in the care of the defendant. Held: The claims succeeded in part. Some damage was deliberate. There was a history of failures by the defendant to comply with court orders in relation to the Claimant: … Continue reading Thakrar v The Secretary of State for Justice: Misc 31 Dec 2015
The court was asked as to the interpretation and application of the standard form freezing order. In the course of long-running litigation between JSC BTA Bank and Mr Ablyazov the Bank had obtained a number of judgments against the respondent amounting in all to US$4.4 billion, none of which had been satisfied. The bank appealed … Continue reading JSC BTA Bank v Ablyazov: SC 21 Oct 2015
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
