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
K, aged 16, had left home to join what was said to be a religious sect. His whereabouts were unknown. He had been made a ward of court and the Official Solicitor was appointed to represent his interests. He had sent messages to say that he was well and did not wish to return. The … Continue reading Kelly (A Minor) v British Broadcasting Corporation: FD 25 Jul 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 defendant journalist had published confidential material obtained from the claimant’s secure hospital at Ashworth. The hospital now appealed against the refusal of an order for him to to disclose his source. Held: The appeal failed. Given that over 200 people may have been the source, the claimant’s argument based on the burden on fellow … Continue reading Mersey Care NHS Trust v Ackroyd: CA 21 Feb 2007
The trust, operators of Ashworth Secure Hospital sought from the defendant journalist disclosure of the name of their employee who had revealed to the defendant matters about the holding of Ian Brady, the Moors Murderer, and in particular medical records. Held: The need for involvement by the third party in the source’s wrongdoing is a … Continue reading Mersey Care NHS Trust v Ackroyd: QBD 7 Feb 2006
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 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
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
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 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
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 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
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
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
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
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
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
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 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 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 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
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
A prison policy requiring prisoners not to be present when their property was searched and their mail was examined was unlawful. The policy had been introduced after failures in search procedures where officers had been intimidated by the presence of prisoners. Particularly when examining documents subject to legal professional privilege, the rules did not allow … Continue reading Regina (Daly) v Secretary of State for the Home Department: HL 23 May 2001
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 applicants were suspected of terrorist associations. Their bank accounts and similar had been frozen. They challenged the Order in Council under which the orders had been made without an opportunity for parliamentary challenge or approval. Held: The Orders must be set aside. ‘It is I think obvious that this procedure does not begin to … Continue reading A, K, M, Q and G v HM Treasury: Admn 24 Apr 2008
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
A child had died. In earlier civil proceedings, the court had laid responsibility with the mother. Restrictions had been placed on the information which would effectively prevent the coroner conducting his inquest. The coroner sought a lifting of the orders. Held: The orders should be lifted to the extent compatible with preserving the child’s interests. … Continue reading LM, Re (Reporting Restrictions; Coroner’s Inquest): FD 1 Aug 2007
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 challenged the Order as regards the prescription of the morning-after pill, asserting that the pill would cause miscarriages, and that therefore the use would be an offence under the 1861 Act. Held: ‘SPUC’s case is that any interference with a fertilised egg, if it leads to the loss of the egg, involves the … Continue reading Regina (Smeaton) v Secretary of State for Health and Others: Admn 18 Apr 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
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
Extension of Inquiries into Jury Room Activities The defendants sought an enquiry as to events in the jury rooms on their trials. They said that the secrecy of a jury’s deliberations did not fit the human right to a fair trial. In one case, it was said that jurors believed that the defendant’s use of … Continue reading Regina v Connor and another; Regina v Mirza: HL 22 Jan 2004
[1999] ScotHC 33 Bailii Contempt of Court Act 1981 1 2 England and Wales Contempt of Court Updated: 12 November 2021; Ref: scu.164328
In Douglas, the claimants said that the defendants had interfered with their contract to provide exclusive photographs of their wedding to a competing magazine, by arranging for a third party to infiltrate and take and sell unauthorised photographs. In OBG, the defendants acted as receivers under an invalid charge, and were accused of unlawful interference … Continue reading Douglas and others v Hello! Ltd and others; similar: HL 2 May 2007
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
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
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
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
The House was asked whether an action for unlawful means conspiracy was available against a participant in a missing trader intra-community, or carousel, fraud. The company appealed a finding of liability saying that the VAT Act and Regulations contained the entire regime. Held: Criminal conduct at common law or by statute can constitute unlawful means … Continue reading Total Network Sl v Revenue and Customs: HL 12 Mar 2008
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
The appellant challenged the withdrawal of her benefits payments. She had applied for asylum, and been granted reduced rate income support. A decision was made refusing her claim, but that decision was, by policy, not communicated to her for several months, during which time her benefits were cancelled. Held: The result was to leave the … Continue reading Regina v Secretary of State for the Home Department ex parte Anufrijeva: HL 26 Jun 2003
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 newspapers sought leave to report proceedings before the Court of Protection in connection with a patient unable to manage his own affairs. The patient retained a possible capacity to work as a professional musician. The family wanted the proceedings held in private. Held: Their appeal against the order allowing access failed. The normal rule … Continue reading A v Independent News and Media Ltd and Others: CA 31 Mar 2010
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
The defendant had been involved in a car crash. He drove his car home, and reported the accident only the following day. He appealed against a conviction for attempting to pervert the course of justice, having defeated any possibility of his being tested for alcohol. Held: The case involved an unsupportable extension of the common … Continue reading Regina v Clark: CACD 4 Apr 2003
Civil Search Orders possible The plaintiff manufactured and supplied through the defendants, its English agents, computer components. It had reason to suspect that the defendant was disclosing its trade secrets to competitors. The court considered the effect of a civil search order (as opposed to a criminal search warrant), where the court had in effect … Continue reading Anton Piller v Manufacturing Processes Ltd: CA 8 Dec 1975
No General Liability in Tort for Wrongful Acts The plaintiff had previously constructed an oil supply pipeline from Beira to Mozambique. After Rhodesia declared unilateral independence, it became a criminal offence to supply to Rhodesia without a licence. The plaintiff ceased supply as required, but complained that the defendants had continued to make supplies by … Continue reading Lonrho Ltd v Shell Petroleum Co Ltd (No 2): HL 1 Apr 1981
The claimant was serving a sentence of imprisonment. She was a pre-operative transgender woman, but held in a male prison. She sought review of a decision to refuse transfer to a women’s prison. The Gender Recognition Panel was satisfied that the Claimant had lived in her acquired gender for the requisite two year period prior … Continue reading AB, Regina (On the Application of) v Secretary of State for Justice and Another: Admn 4 Sep 2009
A Zairian sought asylum, but his application, and an application for judicial review were rejected. He was notified that he was to be returned to Zaire, but then issued new proceedings for judicial review. The judge said that his removal should be delayed, and accepted an undertaking from counsel to the Crown that he would … Continue reading M v Home Office and Another; In re M: HL 27 Jul 1993
Limitation on Making of Anonymity Orders A firm of solicitors sought an order for anonymity in their proceedings against the LAB, saying that being named would damage their interests irrespective of the outcome. Held: The legal professions have no special part in the law as a party to entitle a court to allow a solicitors … Continue reading Regina v Legal Aid Board ex parte Kaim Todner (a Firm of Solicitors): CA 10 Jun 1998
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
In an earlier judgment, redactions had been made relating to reports by the US government of its treatment of the claimant when held by them at Guantanamo bay. The claimant said he had been tortured and sought the documents to support his defence of his case in the US. The remaining issue was as to … Continue reading Mohamed, Regina (on the Application of) v Secretary of State for Foreign and Commonwealth Affairs (No 4): Admn 4 Feb 2009
The claimant resisted removal after failure of his claim for asylum, saying that this would have serious adverse consequences to his mental health, infringing his rights under article 8. He appealed the respondent’s certificate that his claim was manifestly unfounded. Held: Mental health was part of the respect for private life protected by article 8. … Continue reading Regina v Sectretary of State for the Home Department ex parte Razgar etc: HL 17 Jun 2004
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
