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19 November 2025
Issue: 8140 / Categories: Legal News , Contempt
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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contempt also exists in civil law, which creates confusion, and the Law Commission argues the current structure is out of date and lacks clarity.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
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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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