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09 January 2026 / Lawrence McNamara , Lauren Schaefer
Issue: 8144 / Categories: Features , Contempt , Criminal , Media
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Contempt of court: drawing the line

What can be said when criminal proceedings are active? Lawrence McNamara & Lauren Schaefer set out the Law Commission’s recommendations on contempt of court
  • The Law Commission recommends keeping contempt by publication laws largely unchanged but delaying the point at which proceedings become ‘active’ from arrest to charge, giving authorities more flexibility to counter misinformation without risking contempt.
  • Once proceedings are active, the existing ‘substantial risk of serious prejudice’ test should remain, with no fixed categories of information deemed always safe or unsafe to publish—context must determine whether publication risks contempt.
  • The commission rejects a broad public-interest defence but proposes clarifying the existing ‘merely incidental’ defence, stressing that fair-trial rights must not be undermined.

The Law Commission recently published Part 1 of its report on contempt of court laws. The commission addresses a question that became especially contentious after the murders of Elsie Dot Stancombe, Alice da Silva Aguiar, and Bebe King in Southport in July 2024 and the public disorder that followed: what

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

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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