Case law: R v Sarker: Reporting restrictions during trials must not be too easily imposed – Oscar Davies

23 06 2018

On 13 June 2018 the Court of Appeal gave judgment on an appeal by the BBC against a reporting restriction order imposed on 22 January 2018, the first day of the trial of the Defendant, Sudip Sarker ([2018] EWCA Crim 1341). Read the rest of this entry »





Angela Wrightson, open justice and ‘piling needles on haystacks’ – Judith Townend

15 04 2016

Angela-WrightsonUnlike the two children who murdered the toddler James Bulger in 1993, and the teenage boy who killed secondary school teacher Ann Maguire in 2014, the names of the two 15 year old girls sentenced to life imprisonment for the horrific murder of Angela Wrightson cannot be reported. Read the rest of this entry »





News: Court of Appeal dismisses Media’s “Terror Trial” secrecy appeal

9 02 2016

Erol_IncedalThe Court of Appeal today dismissed an appeal brought by a number of media organisations against continuing restrictions on reporting the trial of Erol Incedal.  In a judgment given by Lord Thomas CJ, Guardian News And Media Ltd & Ors v R. & Incedal ([2016] EWCA Crim 11), the Court upheld reporting restrictions which had covered parts of the trial which were held in private. Read the rest of this entry »





Case Comment, Canada: AM v Toronto Police Service, A presumption of notice to the media for anonymization applications? – David Potts

17 10 2015

Ontario_Superior_Court_of_JusticeIn the case of A.M. v Toronto Police Service (2015 ONSC 5684) the Divisional Court of the Ontario Superior Court of Justice examined a narrow but important question of  the obligation of notice to the media when a party is seeking an anonymization order. In this case, within an application for judicial review, the applicant AM applied  for an order permitting him to pursue the application using only his initials. Read the rest of this entry »





Case Law: Appleton v Gallagher, Law of ancillary relief reporting ‘a mess’ – Nathan Capone

16 10 2015

Appleton and GallagherIn the case of Appleton v Gallagher ([2015] EWHC 2689 (Fam)) Mostyn J has ruled on a joint application by former husband and wife pop stars Liam Gallagher and Nicole Appleton to exclude press from their ongoing ancillary relief proceedings in the High Court after their divorce in 2014. Read the rest of this entry »





News: Reporting Restrictions in the Criminal Courts, publication of 4th Edition of Guidance

8 05 2015

Reporting RestrictionsA new and updated edition of the guidance on reporting restrictions in courts was published on 6 May 2015. The document, Reporting Restrictions in the Criminal Courts [pdf], is the fourth edition. The first appeared in 2000.

It covers all the latest changes to the law, including new provisions relating to anonymity for children and young people appearing in courts and anonymity for the victims of female genital mutilation, all of which came into effect within the past few weeks, and incorporates important decisions from the Court of Appeal and the Divisional Court. Read the rest of this entry »





Case Law: Aitken v DPP, Former Editor loses appeal over section 39 order breach – Mike Dodd

29 04 2015

aitkenbrianIn the case of Aitken v DPP ([2015] EWHC 1079 (Admin)) the Divisional Court dismissed a former editor’s appeal against a conviction for publishing a story which breached an anonymity order under section 39 of the Children and Young Persons Act 1933.  Read the rest of this entry »





Contempt and reporting restrictions in criminal cases: the new legislation – Alex Bailin QC

20 03 2015

BailinThe Criminal Justice and Courts Act 2015 has received Royal Assent and important provisions concerning contempt and reporting restrictions will come  into force on 13 April 2015. Giving effect to certain of the Law Commission’s recommendations in its Report [pdf], four new criminal offences to deal with juror contempt and misconduct are created by the Act. Read the rest of this entry »





South Africa: The Oscar Trial and the curious case of the media orders – Dario Milo and Stuart Scott

13 07 2014

judge-oscarIn an article we wrote recently for Sunday Times we briefly touched on three orders relating to the media that we suggest were incorrectly made by Judge Masipa during the Oscar Pistorius trial (for more detail on the first two orders see the earlier post on broadcasting the Oscar trial). Read the rest of this entry »





Privilege and reporting the contents of documents read by the court – Hugh Tomlinson QC

25 02 2014

_67367788_courts_bbcThe fair and accurate reporting of court proceedings has long been protected from libel action by the defence of “privilege”. Contemporaneous fair and accurate reports of court proceedings in public are now protected by absolute privilege and other fair and accurate reports by qualified privilege. In the former case no libel action can be brought, in the latter an action will only succeed if malice is proved. Read the rest of this entry »