The law on revelation of jury deliberations after the Thorpe trial – Alex Bailin QC

15 06 2018

In the wake of the BBC drama on the Jeremy Thorpe trial, Geoffrey Robertson QC wrote an illuminating piece about the contempt proceedings brought against the New Statesman for its interview with a Thorpe trial juror, who had explained that the jury felt obliged to acquit once the performance-related payment agreement with Bessell and The Sunday Telegraph had been revealed to them. Read the rest of this entry »





Case Law, Strasbourg: Medžlis Islamske Zajednice Brčko v. Bosnia and Herzegovina, “Political defamation” and public servants’ reputational rights – Alex Bailin QC and Jessica Jones

11 07 2017

In Medžlis Islamske Zajednice Brčko and Others v. Bosnia and Herzegovina ([2017] ECHR 608)  the Grand Chamber of the ECtHR found by an 11-6 majority that there was no violation of Article 10 in findings of defamation by the national courts in relation to a public servant’s right to reputation. Read the rest of this entry »





Investigatory Powers Bill, Second Reading, inadequate journalistic protection persists – Alex Bailin QC

15 03 2016

gchq1The Investigatory Powers Bill (IPB) has its second reading in the House of Commons today. Although there is much high level resistance to the Bill, relatively little of it has focussed on the impact on the media. Read the rest of this entry »





Case Law: Re Application by JR 38 for Judicial Review, Supreme Court sharply divided on whether Article 8 engaged for child suspected of committing crime in public – Alex Bailin QC

4 07 2015

RiotThe UK Supreme Court was divided 3-2 in the recent appeal of Re an application by JR 38 for Judicial Review ([2015] UKSC 42) on whether Article 8 ECHR was engaged for a child aged 14 who was suspected of involvement in criminal rioting. Read the rest of this entry »





Contempt of court: brief legislative update – Alex Bailin QC and Edward Craven

22 04 2014

Houses-of-ParliamentWe have previously blogged on the Law Commission’s Consultation regarding reform of Contempt of Court and its Report on juror contempt. The Commission also recently published its follow-up Report on publication contempt. Read the rest of this entry »





Law Commission Report on Contempt of Court: controversial reforms seek to secure fair trials and freedom of speech – Alex Bailin QC

10 12 2013

Law CommissionThe Law Commission has produced its eagerly awaited Report on juror misconduct and internet publications, following extensive consultation. The Commission had been urgently tasked with considering reform in this area, following a number of high profile contempt cases involving errant jurors and eager publishers. Read the rest of this entry »