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Contempt & court proceedings (Pt 1)

06 January 2017 / David Burrows
Issue: 7728 / Categories: Features , Procedure & practice , Family
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The variety of application of the laws of contempt are explained by David Burrows in the first of two articles on contempt in court

  • What is the meaning of contempt in court proceedings: beyond ‘fair and temperate’ criticism?
  • Civil and criminal contempt compared.
  • Contempt and privacy in proceedings involving children and parties lacking capacity.

EU withdrawal (“Brexit”) may engage, and child sexual exploitation engages, two very different forms of contempt. The first raises the question of whether the press has gone beyond fair and temperate criticism of judges. The second asks how far the court can order that an abuse victim remain anonymous. They coalesce over freedom of speech and how far this may be inhibited by committal application or reporting restraint order (RRO). This article considers contempt. Part 2 looks more specifically at privacy and family proceedings.

At one end of the spectrum on 3 November 2016 the Divisional Court (Lord Thomas LCJ, Sir Thomas Etherington MR and Sales LJ) handed down judgment in R (Miller) v The Secretary

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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