Prior Restraint in UK Law

  • Douglas v Hello! Ltd (No 1)
    • Court of Appeal (Civil Division)
    • 21 December 2000
    ... ... sending material to the printers would normally be 4pm on a Tuesday prior to OK! going on sale on a Friday. If OK! sent a late feature early on ... it does not replace the received test (or tests) for prior restraint, qualifies them by requiring a probability of success at trial. The ... ...
  • R (Laporte) v Chief Constable of Gloucestershire Constabulary
    • House of Lords
    • 13 December 2006
    ... ... If those steps include physical restraint of someone then that restraint is not an unlawful detention but a ... Any prior restraint on freedom of expression calls for the most careful scrutiny ( ... ...
  • Attorney General v British Broadcasting Corporation
    • House of Lords
    • 12 June 1980
    ... ... to prevent it from repeating the 26th September 1976 broadcast prior to 10th March ... 50 I agree, for the reasons given by Mr. Kidwell, ... But the prior restraint of publication, though occasionally necessary in serious cases, is a ... ...
  • Cream Holdings Ltd and Others v Banerjee and another
    • House of Lords
    • 14 October 2004
    ... ... Restraint of publication would delay the Echo's story but not necessarily preclude ... exercise his discretion in favour of making an order involving prior restraint. Simon Brown LJ, however, expressed reservations about the ... ...
  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 October 1988
    ... ... Restraint of publication was claimed on the ground of breach of confidence and also ... It is common ground that neither the defence of prior publication nor the so called "iniquity" defence would have availed Mr ... ...
  • Commissioners of Customs and Excise v A
    • Court of Appeal (Civil Division)
    • 22 July 2002
    ... ... At the same time, he discharged a restraint order (the equivalent of a Mareva injunction) made by Toulson J on 26 ... here, provided an application for ancillary relief has been made prior to the decree absolute dissolving the marriage (for example, by a ... ...
  • O'Sullivan v Management Agency and Music Ltd
    • Court of Appeal (Civil Division)
    • 14 February 1984
    ... ... the agreements were void and unenforcible because they were in restraint of trade on the basis of Schroeder v. Macaulay (1974) 1 W.L.R. 1308 ... the purchaser can set aside the contract of purchase, prior to completion, even though the misrepresentation be innocent: see per ... ...
  • A v B Plc and Another
    • Court of Appeal (Civil Division)
    • 11 March 2002
    ... ... authorities which the unfortunate judge has to do his best to digest prior to announcing his decision as to where the balance falls in the particular ... if the information is otherwise not the proper subject of restraint. xiv) Section 12 (4) requires the court to take into account "any ... ...
  • Khuja (formerly known as PNM) v Times Newspapers Ltd and Others
    • Supreme Court
    • 19 July 2017
    ... ... life", part company with principles governing the pre-emptive restraint of media publication which have been accepted by the common law for many ... 52 Only days prior to the date of Sir Richard's report Cobb J had given judgment in ... ...
  • Bhamjee v Forsdick and Others
    • Court of Appeal (Civil Division)
    • 25 July 2003
    ... ... (para 38), or making a Grepe v Loam order (now renamed a civil restraint order) controlling a litigant's activities in the particular proceedings ... any action or making any application in that court without the prior permission of the court. Any application for permission must then be made ... ...
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