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01 November 2024 / David Bloom
Issue: 8092 / Categories: Features , Criminal , Contempt
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Keeping schtum: embargo no-nos

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David Bloom on how to treat embargoed judgments & avoid contempt proceedings
  • In R v Counihan, the Court of Appeal Criminal Division re-emphasised the importance of embargoed draft judgments.
  • For practitioners, the judgment provides a sobering warning and steer as to the preventative measures now required.

Civil practitioners will be aware of the repeated recent judicial warnings relating to breaches of embargoed draft judgments. In Her Majesty’s Attorney General v Crosland [2021] UKSC 58, [2022] 2 All ER 401, the Supreme Court considered a particular egregious breach and confirmed that embargoes are made for protecting the administration of justice (at [58]).

In R (Counsel General for Wales) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181, [2022] 4 All ER 599, after accepting ‘unreserved apologies’ for the accidental breach caused by a misunderstanding in a chambers’ marketing department that led to the release of a pre-prepared press release early, the Master of the Rolls warned: ‘In future, those who break embargoes can expect to find themselves

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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