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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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
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