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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
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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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