header-logo header-logo

Keeping schtum: embargo no-nos

01 November 2024 / David Bloom
Issue: 8092 / Categories: Features , Criminal , Contempt
printer mail-detail
195045
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

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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Firm expands London disputes practice with senior partner hire

Druces—Lisa Cardy

Druces—Lisa Cardy

Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

Charles Russell Speechlys—Robert Lundie Smith

Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
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
back-to-top-scroll