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9.09.16

Freezing Injunctions: the need for certainty

A recent decision on a preliminary issue by Mr Justice Henderson in the case of Haederle  v Thomas [2016] EWHC 1866 is a telling reminder of the need for precision when drafting Freezing Injunctions (and Restraint Orders too). A Freezing Injunction (formerly known as a Mareva Order and sometimes referred to as a Freezing Order)…

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12.04.16

Court of Appeal grants "celebrity threesome" privacy injunction and then discharges it

The Supreme Court is currently considering an appeal against a decision of the Court of Appeal to discharge a non-disclosure injunction it granted itself earlier this year.  Until the Supreme Court has reached its decision the injunction in PJS v News Group Newspapers Ltd – the “celebrity threesome gagging order” – will remain in force. As with most privacy…

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24.07.13

High Court hears internet contempt trials

The Attorney-General has appeared in person before the High Court to ask that two men be committed to jail for “acts likely to interfere with the administration of justice”.  In both instances the acts arise  from the use of the internet whilst jurors in criminal trial.  In an indication of how seriously the courts are treating the issue of internet use…

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28.06.13

County Court has power to refer contempt cases to Attorney-General

In the case of Utopia Tableware LTD v (1) BBP Marketing Ltd (2) British Bung Manufacturing Co Ltd [2013] EWPCC 28 Mr Justice Birss (sitting as a judge of the Patents County Court) ruled judges in the County Court are able to refer matters to the Attorney-General to consider whether contempt of court proceedings should be brought. The background to…

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25.02.13

Former solicitor found in contempt of court over McCann claims

Former solicitor Tony Bennett has been found in contempt of court for flagrantly breaching undertakings he had previously made to the court promising that he would not repeat allegations that Gerry and Kate McCann were guilty of, or suspected of, having caused the death of their daughter Madeline and had then disposed of her body…

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20.01.13

Family court jails property tycoon for failing to disclose assets

Property tycoon scot Young has been jailed for six months for failing to provide financial information in ancillary relief proceedings.  When Mr Young separated from his wife in 2006 he had been understood to be worth £400m.  However he claims to have lost his entire fortune overnight in a Russian deal.  The application for committal on 16 January 2013 came as…

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23.10.12

Daily Mail and Daily Mirror fined for contempt of court over Milly Dowler reports

The Daily Mail and The Daily Mirror have each been fined £10,000 by the High Court over articles they published on 24 June 2011 following the conviction of Levi Bellfield for the murder and abduction of Milly Dowler.  At the time jurors were still deliberating over a separate count – the attempted kidnap of Rachel Cowles.  As a result of…

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16.04.12

Director and shareholder found in contempt for disposing of company's good will

In Templeton Insurance Ltd v Motorcare Warranties Ltd & Ors [2012] EWHC 795 Mr Justice Eder heard an application for committal for contempt of court based on the alleged breach (or involvement in a breach) of a freezing injunction. Motorcare sold breakdown insurance and had acted as an agent for Templeton. In 2008 Templeton brought a High…

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31.03.12

Parliamentary Joint Committee on Privacy and Injunctions reports no need for legislation

set up in the wake of the spate of highly publicised privacy injunctions last year, the Parliamentary Joint Committee on Privacy and Injunctions has published its final report.  significantly, the report rejects criticisms that privacy law has beenjudge made, stating that it has evolved from the Human Rights Act 1998.  The report concludes that a statute defining the right…

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24.01.12

Juror found in contempt for sharing findings of internet research

In Attorney-General -v- Theodora Dallas (2012) the Divisional Court heard that a jury member (Dallas) had conducted independent internet research in relation to a criminal trial she was sitting on. she had then discussed her findings with her fellow jury members. At the start of the case the jury had been shown a video about their responsibilities and told not to conduct…

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Articles are intended as an introduction to the topic and do not constitute legal advice.

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