header-logo header-logo

Contempt & court proceedings (Pt 1)

06 January 2017 / David Burrows
Issue: 7728 / Categories: Features , Procedure & practice , Family
printer mail-detail
nlj_7728_burrows

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
Charles Pigott of Mills & Reeve reports on Haynes v Thomson, the first judicial application of the Supreme Court’s For Women Scotland ruling in a discrimination claim, in this week's NLJ
back-to-top-scroll