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01 February 2023
Issue: 8011 / Categories: Legal News , Procedure & practice , Contempt
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Breach of judgment embargo

A US deputy general counsel who breached the embargo on disclosure of draft judgments has escaped contempt proceedings.

While Lord Justice Warby acknowledged there was an argument that strict liability might apply, he chose to take no action since ‘further proceedings would be disproportionate to any need to uphold the court's authority’, in InterDigital Technology v Lenovo [2023] EWCA Civ 57. Lord Justice Birss and Lady Justice Falk agreed.

InterDigital counsel Steve Akerley, on holiday at the time, read the draft judgment on a mobile device and disclosed the outcome to the company’s US law firm under the heading ‘confidential’. 

The email was then forwarded to five team members, one of whom congratulated InterDigital’s solicitor Gowling partner Alexandra Brodie, who immediately replied: 'Thank you but unfortunately that is a breach of the embargo. Who else did he tell?'

Last February, Sir Geoffrey Vos MR warned that those who breach embargoes should expect to face contempt proceedings, in R (on the application of Counsel General for Wales) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181.

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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