Prior Restraint of Publication of Information in UK Law

Leading Cases
  • JIH v News Group Newspapers Ltd
    • Court of Appeal (Civil Division)
    • 31 Ene 2011
    ...... asked to make orders preventing the publication of private information, concerning, for instance, ... published, without JIH having received any prior notice, suggesting that he had had a sexual ... terms of the draft order concerning restraints on publication, Tugendhat J gave judgment on 5 ......
  • A v B Plc and Another
    • Court of Appeal (Civil Division)
    • 11 Mar 2002
    ...... to protect the claimants from the publication of articles in newspapers on the grounds that the articles contain confidential information concerning the claimants, the publication of ... judge has to do his best to digest prior to announcing his decision as to where the ... is otherwise not the proper subject of restraint. xiv) Section 12 (4) requires the court ......
  • Attorney General v Guardian Newspapers Ltd and Others (No. 2)
    • House of Lords
    • 13 Oct 1988
    ...... Greengrass, and it was accepted for publication by Heinemann Publishers Pty. Ltd., the Australian ... secrets and confidential political information. In the meantime Spycatcher had on 14 July 1987 ...Restraint of publication was claimed on the ground of ... common ground that neither the defence of prior publication nor the so called "iniquity" defence ......
  • Cream Holdings Ltd and Others v Banerjee and another
    • House of Lords
    • 14 Oct 2004
    ......] is to be granted so as to restrain publication before trial unless the court is satisfied that ... these to the Echo with additional information. She received no payments for this. On 13 and 14 ...Restraint of publication would delay the Echo's story but ... in favour of making an order involving prior restraint. Simon Brown LJ, however, expressed ......
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Legislation
  • Proceeds of Crime Act 2002
    • UK Non-devolved
    • 1 de Enero de 2002
    ...... benefit from criminal conduct and for restraint orders to prohibit dealing with property, to ...priority, and. . . (b) the total of the values (at that ... S-16 . Statement of information 16 Statement of information . (1) If the court .... Publication of draft sections for a Proceeds of Crime Bill . ......
  • Criminal Justice and Immigration Act 2008
    • UK Non-devolved
    • 1 de Enero de 2008
    ......‘(aa) may take into account all such information as is available to it about the nature and ...(i) was sent the image concerned without any prior request having been made by or on behalf of the ... S-71 . Maximum penalty for publication etc. of obscene articles 71 Maximum penalty for ...SCH-19.23 .   . Kidnapping, illegal restraint and hostage-taking. SCH-19.24 .   . Racism and ......
  • The Criminal Procedure Rules 2020
    • UK Non-devolved
    • 1 de Enero de 2020
    ...... (f) (f) ensuring that appropriate information is available to the court when bail and sentence ... (k) (k) order the search, confiscation, restraint, detention or seizure of property except to the ..., reporting restrictions prohibit the publication of the information to which they apply where that ... served on the court and on the other party prior to a trial; . . . special measures . measures ......
  • The Court of Protection Rules 2017
    • UK Non-devolved
    • 1 de Enero de 2017
    ...... (a) (a) the nature and extent of the information before the court; . (b) (b) the issues raised in ... the court’s powers to authorise publication of information about proceedings and to order ... “civil restraint order” means an order restraining a party— . ... part of a document is to be edited prior to the document’s service or disclosure. . (2) ......
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Books & Journal Articles
  • Restraint: cause for continuing concern?
    • Núm. 3-2, Mayo 2001
    • The Journal of Adult Protection
    • 42-47
    This paper by the deputy chief executive of Counsel and Care describes the work this important voluntary organisation has undertaken to examine physical intervention issues, particularly as they af...
    ...... voluntary organisation provid- ing information, advice and advocacy for older people and their ...Publications ar e often used as vehicles for or ganising ...Many of them have no prior experience to draw on to assist in thinking ......
  • Violence reduction in mental health and criminal justice: recent and current developments
    • Núm. 2-1, Junio 2007
    • The Journal of Mental Health Training, Education and Practice
    • 28-41
    Traditional methods of addressing workplace violence have relied almost solely on reactive measures. Methods of de‐escalation, strategies to calm the already distressed person down by means of posi...
    ...... key policy and practice workforce priorities for mental health and across criminal justice ... (secondary prevention) or manage it via restraint (tertiar y) rather than on addressing the ... the subject of much debate since the publication of the independent inquir y into the death of ... Joint policy development: Information sharing Collaborative risk management Criminal ......
  • Privacy or Publicity? The Enduring Confusion Surrounding the American Tort of Invasion of Privacy
    • Núm. 55-1, Enero 1992
    • The Modern Law Review
    ...... High Court branch to deal with prior restraint cases, and would also create ...(and subject to injunction) if the information had been obtained by stealth, or by ... a cause of action for the publication of embarrassing facts by the media. ......
  • Fundamental Rights, Fair Trials and the New Audio‐Visual Sector
    • Núm. 59-4, Julio 1996
    • The Modern Law Review
    ...... to these pressures towards publication and discussion lie the individual and ... ‘Fundamental Rights and New Information Technologies in the Audiovisual Sector,’ ... pre-trial censorship49 and informal restraint.” Nevertheless, further examples will be ... because of the ideological priority accorded to the First Amendment right of ......
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Law Firm Commentaries
  • Non-Party Employer Made to Pay Costs in Restraint Litigation
    • JD Supra United Kingdom
    On 1 May 2013, the Supreme Court of New South Wales handed down judgment in HRX Pty Ltd v Scott [2013] NSWSC 451 (HRX v Scott). In doing so, the Court sent a clear message to employers about the ri...
    ...... Prior to litigating the matter, HRX requested that ... For more information about K&L Gates or its locations, practices and ... This publication is for informational purposes and does not ......
  • External Requests For Restraint Orders: King v. Director Of The Serious Fraud Office [2009] Ukhl 17
    • Mondaq United Kingdom
    ...... The Statutory Instrument. Prior to 1st January 2006 (when the Statutory ... the specified person to disclose information relating to his property. External Restraint ... state (see for example Gold Star Publications Ltd. v. Director of Public Prosecutions [1981] 1 ......
  • Maintaining confidentiality in fund documents: a realistic expectation?
    • JD Supra United Kingdom
    In this context, the English High Court recently granted an interim injunction preventing the disclosure and publication by Reuters of information from confidential documents relating to a fund man...
    ...... and performance including the information they disclose to potential investors. Do ... preventing the disclosure and publication by Reuters of information from confidential ... . Prior notification: each investor was telephoned before ... information could be published without restraint, they would be less inclined to make full and ......
  • Real Estate non-COVID-19 Autumn 2020 round-up: a snapshot of England and Wales
    • JD Supra United Kingdom
    While headlines have, understandably, been dominated for months by the response to COVID-19, this alert looks to summarise the various non-COVID-19 legal developments affecting real estate in Engla...
    ......7 Supreme Court decision on restraint of trade ............ 7 . 2 • ... is important that there is clearer information on who controls land. While the register ...one entered into prior to the int roduction of the Code) comes to an ......
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