Lord Saville of Newdigate v Toby Harnden
| Jurisdiction | Northern Ireland |
| Judge | Carswell LCJ |
| Judgment Date | 14 February 2003 |
| Neutral Citation | [2003] NICA 6 |
| Court | Court of Appeal (Northern Ireland) |
| Year | 2003 |
| Date | 14 February 2003 |
1
Neutral Citation no. [2003] NICA 6 Ref:
CARC3870
Judgment: approved by the Court for handing down
Delivered:
14/02/2003
(subject to editorial corrections)
IN HER MAJESTY’S COURT OF APPEAL IN NORTHERN IRELAND
_____
BETWEEN
LORD SAVILLE OF NEWDIGATE
Appellant
and
TOBY HARNDEN
Respondent
_____
Before: Carswell LCJ, Nicholson and Campbell LJJ
_____
CARSWELL LCJ
[1] The appellant is the chairman of a tribunal, known as the Bloody
Sunday Tribunal, set up to inquire into the events which took place in
Londonderry on 30 January 1972, in the course of which thirteen civilians
were shot dead by members of the Armed Forces. The respondent is a
journalist on the staff of The Daily Telegraph, who was summoned by the
Tribunal to give evidence about matters within his knowledge concerning the
identity of soldiers who had given him information about those events. He
declined to give the Tribunal that evidence, on the ground that he felt an
obligation to protect sources who had given him information in confidence.
The Tribunal sought to have him punished by the High Court for contempt.
The respondent sought discovery of certain documents from the Tribunal. He
contended at a hearing before Coghlin J that the contempt proceedings were
criminal in nature and that the nature and extent of discovery was different
from that which obtains in civil matters. Coghlin J at the parties’ request
decided the issue of the nature of the proceedings as a preliminary issue and
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The Scottish Ministers V. George Mcguffie And Others For An Interim Adfministration Order In Terms Of The Proceeds Of Crime Act 2002 And For Warrant For Inhibition And Arrestme
...be imposed, have been applied in England and Wales in R v H [2003] UKHL 1 and in this jurisdiction in Lord Saville of Newdigate v Harnden [2003] NI 239 in deciding whether a particular form of proceeding should be recognised as criminal or civil. Some of the factors that arise in each of th......
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Cecil Walsh v Director of the Assets Recovery Agency
...be imposed, have been applied in England and Wales in R v H [2003] UKHL 1 and in this jurisdiction in Lord Saville of Newdigate v Harnden [2003] NI 239 in deciding whether a particular form of proceeding should be recognised as criminal or civil. Some of the factors that arise in each of th......
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Assets Recovery Agency and in the matter of Walsh and the Proceeds of Crime Act 2002
...paragraph 82. Such an approach was recently followed by the Court of Appeal in this jurisdiction in Lord Saville of Newdigate v Harnden [2003] NI 239 and has also been endorsed by the House of Lords as authoritative by Lord Bingham in R v H [2003] 1 All E R 497 at page 505 paragraph [15]. [......
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Upper Tribunal (Immigration and asylum chamber), 2017-05-05, [2017] UKUT 198 (IAC) (R (on the application of MMK) v Secretary of State for the Home Department (consent orders – legal effect – enforcement))
...distinction between civil contempt and criminal contempt. This is highlighted in, for example, Lord Saville of Newdigate v Harnden [2003] NI 239 and [2003] NICA 6. It seems clear that the powers of the UT belong to the realm of civil contempt. While the misdemeanour of civil contempt can, i......
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