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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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
The controversial Mazur ruling, which caused widespread uncertainty about the role of non-solicitors in litigation work, has been overturned on appeal
Two landmark social media cases in the US could influence social media regulation in the UK, lawyers predict
Barristers have urged the government to set up Nightingale-style specialist courts, with jury trials, to prioritise rape, sexual assault and domestic abuse trials
Victims of violent crimes who suffer life-changing injuries receive less than half the financial support today than those in the 1990s, according to a senior personal injury lawyer
Rising numbers of cases, an increase in litigants in person and an overall lack of investment is piling pressure on the family court, the Law Society has warned
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