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CRIMINAL LITIGATION

15 February 2008
Issue: 7308 / Categories: Case law , Law digest
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Re Trinity Mirror Plc and others (A and B (Minors, acting by the Official Solicitor to the Supreme Court) Intervening) [2008] EWCA Crim 50, [2008] All ER (D) 12 (Feb)

For the purposes of the Supreme Court Act 1981, s 45(4) matters are “incidental to” the jurisdiction of the crown court only when the powers to be exercised relate to the proper dispatch of the business before it. The crown court has no general power to grant injunctions.

Unless the proposed injunction is directly linked to the exercise of the crown court’s jurisdiction and its statutory functions, the appropriate jurisdiction is lacking.
 

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In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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