Prior Restraint in UK Law

Leading Cases
  • Re J (A Child)
    • Family Division
    • 05 Set 2013

    Comment and criticism may be ill-informed and based, it may be, on misunderstanding or misrepresentation of the facts. If such criticism exceeds what is lawful there are other remedies available. The fear of such criticism, however justified that fear may be, and however unjustified the criticism, is, however, not of itself a justification for prior restraint by injunction of the kind being sought here, even if the criticism is expressed in vigorous, trenchant or outspoken terms.

  • Cream Holdings Ltd and Others v Banerjee and another
    • House of Lords
    • 14 Oct 2004

    Its principal purpose was to buttress the protection afforded to freedom of speech at the interlocutory stage. It sought to do so by setting a higher threshold for the grant of interlocutory injunctions against the media than the American Cyanamid guideline of a 'serious question to be tried' or a 'real prospect' of success at the trial.

    This would be a higher threshold than that prescribed by the American Cyanamid case. That would be consistent with the underlying parliamentary intention of emphasising the importance of freedom of expression. It would preclude the court from granting an interim injunction in some circumstances where it is plain injunctive relief should be granted as a temporary measure.

    As to what degree of likelihood makes the prospects of success 'sufficiently favourable', the general approach should be that courts will be exceedingly slow to make interim restraint orders where the applicant has not satisfied the court he will probably ('more likely than not') succeed at the trial.

  • Schering Chemicals Ltd v Falkman Ltd
    • Court of Appeal (Civil Division)
    • 27 Ene 1981

    The freedom of the press is extolled as one of the great bulwarks of liberty. No restraint should be placed on the press as to what they should publish. It means that the press is to be free from what Blackstone calls "previous restraint" or what our friends in the United States—co-heirs with us of Blackstone—call "prior restraint". The press is not to be restrained in advance from publishing whatever it thinks right to publish.

  • Greene v Associated Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 05 Nov 2004

    This survey of the caselaw shows that in an action for defamation a court will not impose a prior restraint on publication unless it is clear that no defence will succeed at the trial. The rule is also partly founded on the pragmatic grounds that until there has been disclosure of documents and cross-examination at the trial a court cannot safely proceed on the basis that what the defendants wish to say is not true.

  • Pro-Life Alliance v BBC
    • House of Lords
    • 15 May 2003

    Article 10 does not entitle ProLife Alliance or anyone else to make free television broadcasts. But that by no means exhausts the application of article 10 in this context. In this context the principle underlying article 10 requires that access to an important public medium of communication should not be refused on discriminatory, arbitrary or unreasonable grounds. Nor should access be granted subject to discriminatory, arbitrary or unreasonable conditions.

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Legislation
  • Proceeds of Crime Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... in relation to persons who benefit from criminal conduct and for restraint orders to prohibit dealing with property, to allow the recovery of ...priority, and. . . (b) the total of the values (at that time) of all tainted ......
  • Criminal Justice Act 1993
    • UK Non-devolved
    • 1 de Enero de 1993
    ......without the prior service of a notice under subsection (4). . (7) In the Crown Court, the ... (2) Section 7 of the Act of 1986 (cases in which restraint. orders and charging orders may be made) shall be amended. as set out in ......
  • Civil Procedure Rules 1998
    • UK Non-devolved
    • 1 de Enero de 1998
    ......'s report;(b) to be given orally at trial; or(c) evidence of which prior notice must be given under rule 33.2. (2) This rule includes documents ... it is made at his instance and setting out the nature of the restraint. . (3) Where the person restrained is unable for any reason to make the ......
  • Proceeds of Crime (Scotland) Act 1995
    • UK Non-devolved
    • 1 de Enero de 1995
    ...... . . (ii) in respect of whom a restraint order has been made by. virtue of section 29(3) of this Act;. . . (b) ...recipient of the gift has obtained, directly or indirectly, prior to. the date on which the confiscation order is to be made, adjusted. to ......
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Books & Journal Articles
  • The Use of Force and Restraint Prior to Arrest: Limits on Police Powers to Detain
    • Núm. 72-5, Octubre 2008
    • Journal of Criminal Law, The
  • Exorcising restraint: reducing the use of restrictive interventions in a secure learning disability service
    • Núm. 7-4, Diciembre 2016
    • Journal of Intellectual Disabilities and Offending Behaviour
    • 176-185
    Purpose: The purpose of this paper is to describe the nature and impact of a restraint reduction strategy implemented within a secure learning disability service in response to the national Positiv...
    ......Baseline measures were collected from 12 months of data prior toimplementation of the programme and the frequency of each category of restrictive intervention was thenmeasured prospectively on a monthly basis ......
  • Tracing and confiscating the proceeds of crime
    • Núm. 11-2, Abril 2004
    • Journal of Financial Crime
    • 168-185
    Discusses the prosecution of solicitor Jonathan Duff for failing to disclose his suspicions of money laundering by two clients; he was sentenced to six months imprisonment. Outlines the police’s st...
    ......,000 in cash fromG within a four-month period approximatelyone year prior to G's arrest. This comprised£60,000 for D and £89,000 for a yacht.D ... law armoury has three mainweapons for recovery: con®scation, restraint andcompensation orders. Each is considered below.Con®scation ordersA ......
  • Systemic Pressures and the Intersubjective Bases of State Autonomy in Russia: A Constructivist-Institutionalist Theory of Economic Crisis and Change
    • Núm. 20-2, Junio 2006
    • International Relations
    Over the economic crises of the 1990s, global economic understandings shifted from the early classical orthodoxy of the ‘Washington Consensus’ to a later Keynesian s...
    ......, combining Keynesian capital controls with classical budgetary restraint. In offering a ‘constructivist- institutionalist’ explanation for this ... of the 1998 ruble crisis legitimated capital controls, the prior alienation of state from society precluded any domestic Keynesian ......
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Law Firm Commentaries
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