Arlidge, Eady & Smith on Contempt
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Practice Area:
Author: Sir David Eady; Professor A T H Smith
General Editor:
Format: Book
Status: Live on Westlaw UK

Preliminary Pages
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  • The First Supplement features coverage of updates since the forth edition published in December 2011.

    The Supplement:

    • Includes discussion of the far reaching proposals on the law of contempt canvassed by the Law Commission in its Consultation Paper No 209, and specifically in relation to the impact upon it of social media and the internet
    • Looks at the new CPR Part 81, dealing with contempt of court, in operation from 1 October 2012
    • Features important decisions on court reporting include Re Al-Hilli (Children) [2013] EWHC 2190 (Fam), Re J (A Child) [2013] EWHC 2694 (Fam) and R (on the application of the Press Association) v Cambridge Crown Court [2013] EMLR 9
    • Looks at cases in which the significance of false statements of truth has been explored and emphasised by the Supreme Court including Fairclough Homes v Summers [2012] UKSC 26, as well as in the Divisional Court in South Wales Fire and Rescue Service v Smith [2011] EWHC 1749 (Admin)
    • Other appellate decisions are considered such as Giles v Tarry [2012] EWCA Civ 1886 and Director of Serious Fraud Office v B [2012] EWCA Civ 67
    • Covers the new Criminal Procedure Rules in effect from 7 October 2013 together with new Criminal Practice Directions [2013] EWCA Crim 1631
    • Provides coverage of the recent draft Practice Guidance on Transparency in the Family Courts and the Court of Protection issued in July 2013
    • Includes further examples of juror contempt arising in Att Gen v Dallas [2012] 1 WLR 991 and Att Gen v Davey and Beard [2013] EWHC 2317 (Admin)
    • Features decisions on strict liability contempt including Att Gen v Associated Newspapers [2012] 2029 (Admin) and Att Gen v Times Newspapers [2012] EWHC 3195 (Admin)
    • Looks at the potentially wide-ranging Scottish decision on reporting restrictions in BBC, Applicants [2013] CSIH 43
    • Expores the impact of the Law Commission Report No 335 which published in December 2012 on a different aspect of the law, as a result of which Parliament has since, in the Crime and Courts Act 2013, abolished the obsolescent form of contempt known as “scandalising”. It does not appear, however, to affect the Scottish law of “murmuring” and, for the meantime, “scandalising” appears to be alive and well in some other jurisdictions
    • Appendix 3 has been updated to include most of the penalties imposed for contempt by the higher courts in the last two years

Sir David Eady; Professor A T H Smith