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
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
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
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
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 . .
An English court had power to make a restraining order against the disposal of assets pending an application for confiscation pursuant to a US order. This applied even if the US original judgment predated the date on which the US was added to the . .
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
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 Claimant seeks damages from the Defendant for alleged professional negligence in the conduct of certain legal proceedings commenced in 2014 and 2015. These proceedings, comprising a claim in the Employment Tribunal, a petition under section 994 . .
The mention of a case on a television programme remained a contempt of court, despite the humorous context given to the remarks in the broadcast.
Auld LJ said: ‘The degree of risk of impact of a publication on a trial and the extent of that . .
The reclaimer seeks recall of an interlocutor of Lord Boyd of Duncansby dated 7 November 2012 by which he allowed an amendment of the petition to anonymise the petitioner (the anonymity order) and gave directions in terms of section 11 of the . .
The first applicant had been chairman of a jury and had expressed his concerns about their behaviour to the second applicant who published them. They were prosecuted under the 1981 Act. They had said that no details of the deliberations had been . .
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 . .
The absence of a jury from a criminal trial was not sufficient of itself to set aside the rule against the broadcasting of criminal proceedings. To set aside the rule, the onus was on the broadcaster to justify the departure from the rule and to . .
The claimant sought to prevent publication of his name in the context of the making of a Sexual Offences Prevention Order (SOPO). He had been convicted of offences against sex workers. An order had been made preventing disclosure of his address, but . .
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 . .
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 . .
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 . .
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 . .
References:  2 SCR 344, 200 DLR (4th) 577, 155 CCC (3d) 97, 2001 SCC 42 Links: Vcanlii Coram: Arbour J (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, … Continue reading Regina v Pan; 29 Jun 2001