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14 April 2011
Issue: 7461 + 7462 / Categories: Case law , Law digest
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Contempt of court

Re MGN Ltd and others [2011] EWCA Crim 100, [2011] All ER (D) 26 (Apr)

It was settled law that a systematic approach had to be taken to applications to restrict media coverage. The first question was whether the reporting would give rise to a not insubstantial risk of prejudice to the administration of justice. The second question was whether an order under s 4(2) of the Contempt of Court Act 1981 would eliminate that risk. If not there would be no necessity to impose such a ban.

If, on the other hand, an order would achieve the objective, the court still had to consider whether the risk could satisfactorily be overcome by less restrictive measures. Third, even if there was no other way of eliminating the perceived risk of prejudice, it still did not follow necessarily that an order had to be made. That required a value judgment.

The use of s 4(2) of the Act for the purposes of alleviating the difficulties of giving evidence, even if evidence had to be given

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MOVERS & SHAKERS

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

Dorsey & Whitney—Mark Churchman

Dorsey & Whitney—Mark Churchman

Private equity specialist joins as partner in London

Haynes Boone—Philipp Kurek

Haynes Boone—Philipp Kurek

International arbitration practice bolstered by London partner hire

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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