header-logo header-logo

For your eyes only...(Pt 3)

10 March 2023 / Neil Parpworth
Issue: 8016 / Categories: Features , Procedure & practice , Contempt
printer mail-detail
113992
Neil Parpworth considers the limits of the court’s leniency when it comes to breaching an embargo
  • In Interdigital Technology Corp and others v Lenovo Group Ltd and others [2023] EWCA Civ 57, in which a draft judgment was circulated despite its embargo, the Court of Appeal considered that the circumstances were not sufficiently egregious to warrant further action to be taken against the contemnor.
  • However, properly respecting an embargo ought to remain a priority, since the courts may eventually decide that a formal sanction is necessary to deter others from making the same mistake.

In delivering the judgment of the Court of Appeal in R (on the application of Counsel General for Wales) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181, [2022] All ER (D) 79 (Feb), the Master of the Rolls Sir Geoffrey Vos noted that as far as he had been able to discover, there had only been two previous court decisions relating to the breach of an embargo on publishing

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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll