header-logo header-logo

19 November 2025
Issue: 8140 / Categories: Legal News , Contempt
printer mail-detail

Clarity sought on contempt of court

Contempt of court laws would be split into four distinct categories, under Law Commission recommendations to make them fit for the digital age

Currently, more than 100 people are sent to prison each year for contempt of court. However, contempt also exists in civil law, which creates confusion, and the Law Commission argues the current structure is out of date and lacks clarity. Instead, it recommends there be four forms of contempt.

First, general contempt, where a person deliberately interferes with the administration of justice in a ‘non-trivial way’, or creates a ‘substantial risk’ of doing so.

Second, breach of court order or undertaking, where the person was aware the breach would be a contempt. Third, publishing material while proceedings are active, which creates a ‘substantial risk’ of seriously impeding or prejudicing the course of justice. Criminal proceedings will be considered ‘active’ on charge, not arrest. It will be up to the publisher to assess the risk—the Law Commission does not specify what information can be published although it suggests basic details such as ‘name, age, nationality, ethnicity, religion or immigration status’ will generally create no risk.

Fourth, disrupting legal proceedings by engaging in abusive, threatening or disorderly behaviour.

The Law Commission also proposes making the Attorney General’s decisions to bring contempt proceedings in the public interest subject to judicial review for the first time.

Professor Penney Lewis, Commissioner for Criminal Law, said contempt laws ‘have become fragmented and unclear in the modern communications age.

‘Our review found significant problems with coherence, consistency and clarity across civil, criminal and family courts. These reforms make contempt law fairer and more predictable’.

The recommendations, published this week, will be followed by part two of the Law Commission’s review, ‘Contempt of Court’, next year. In March and in July 2024, the Commission issued consultation papers on the subject.

Issue: 8140 / Categories: Legal News , Contempt
printer mail-details

MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
back-to-top-scroll