They are restricting numbers of recipients, prohibiting sharing and restricting recipients to counsel only. Moreover, as Young and Ryan write, ‘some drafts have been provided on extremely short notice, with clients, including in-house counsel and senior executives, briefed just an hour before hand-down, after counsel have had a short period to amend any factual or typographical errors. In these cases, parties and sometimes instructing solicitors have first had sight of the judgment at the same time as or as little as one hour before the public and press’.
Breaches of the embargo can be seen as contempt of court and are taken extremely seriously. Consequently, judges are reacting to the risk—however, this carries its own risks, as Young and Ryan report. Read the full article here.
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