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09 January 2026
Issue: 8144 / Categories: Legal News , Contempt , Criminal , Media
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NLJ this week: Drawing the line on contempt

After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights

The headline recommendation is deceptively simple: criminal proceedings should become ‘active’ at charge, not arrest. That shift would give authorities more freedom to counter dangerous falsehoods in the critical post-arrest window.

Once proceedings are active, however, the existing test remains firmly in place, with no blanket categories of information deemed always safe or unsafe to publish. Context, not checklists, is king.

The commission rejects a broad public interest defence, warning it would erode jury trial protections. Instead, it calls for sharper guidance on when prejudice is merely incidental.

The result is a careful recalibration, not a rewrite, of a sensitive area of law.

Issue: 8144 / Categories: Legal News , Contempt , Criminal , Media
printer mail-details

MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

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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