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Contempt & court proceedings (Pt 1)

06 January 2017 / David Burrows
Issue: 7728 / Categories: Features , Procedure & practice , Family
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The variety of application of the laws of contempt are explained by David Burrows in the first of two articles on contempt in court

  • What is the meaning of contempt in court proceedings: beyond ‘fair and temperate’ criticism?
  • Civil and criminal contempt compared.
  • Contempt and privacy in proceedings involving children and parties lacking capacity.

EU withdrawal (“Brexit”) may engage, and child sexual exploitation engages, two very different forms of contempt. The first raises the question of whether the press has gone beyond fair and temperate criticism of judges. The second asks how far the court can order that an abuse victim remain anonymous. They coalesce over freedom of speech and how far this may be inhibited by committal application or reporting restraint order (RRO). This article considers contempt. Part 2 looks more specifically at privacy and family proceedings.

At one end of the spectrum on 3 November 2016 the Divisional Court (Lord Thomas LCJ, Sir Thomas Etherington MR and Sales LJ) handed down judgment in R (Miller) v The Secretary

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MOVERS & SHAKERS

Muckle LLP—Rachael Chapman

Muckle LLP—Rachael Chapman

Sports, education and charities practice welcomes senior associate

Ellisons—Carla Jones

Ellisons—Carla Jones

Partner and head of commercial litigation joins in Chelmsford

Freeths—Louise Mahon

Freeths—Louise Mahon

Firm strengthens Glasgow corporate practice with partner hire

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One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
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