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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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
Britain’s new acknowledgement that Israel’s occupation is unlawful, and accompanying settlement-goods ban and sanctions, is significant but overdue, argue Danny Friedman KC and Victor Kattan in NLJ this week
New planning fee rises, wider trade union access rights and a service-by-email trap feature in Stephen Gold’s latest Civil Way
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
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