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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

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Sidley—James Inness

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Partner joins capital markets team in London office

Haynes Boone—William Cecil

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Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

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Firm appoints first chief marketing officer to drive growth strategy

NEWS
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NLJ this week: CPR tweak closes third-party disclosure gap
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
NLJ this week: Court of Appeals wrestles with Mazur fallout
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’
NLJ this week: Appeal court reins in ‘wrong defendant’ switcheroo

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

NLJ this week: Driving test fraudsters steer towards jail
Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
NLJ this week: Deepfakes demand data law muscle
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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