R v City of London Magistrates' Court and Another, ex parte Green
| Jurisdiction | England & Wales |
| Judgment Date | 13 March 1997 |
| Date | 13 March 1997 |
| Court | Divisional Court |
Queen's Bench Divisional Court
Contempt of court - alleged breaches of injunctions -'downloading' computer
To "download" a computer meant to "transfer (data) from one storage device or system to another" in accordance with the definition contained in The Concise Oxford Dictionary of Current English (9th edition (1995)).
The Queen's Bench Divisional Court (Lord Justice Staughton and Mr Justice Scott Baker) so stated on February 13 giving reasons for dismissing on February 6, Jeffrey Green's motion to commit for contempt of court the Director of the Serious Fraud Office and four officers therefrom for alleged breaches of injunctions of December 6 and 10, 1995, in respect of computers seized by the SFO pursuant to a warrant.
MR JUSTICE SCOTT BAKER said that the applicant relied on the dictionary definition of "download".
The SFO had considered that downloading included not only the imaging process, that is, transferring information from the computer to another storage device, but also the next stage of writing the image to compact disc: only then would the image be...
To continue reading
Request your trial
- Dato' Oon Ah Baa @ Boon Pak Leong v Eagle & Pagoda Brand Teck Aun Medical Factory Sdn Bhd
-
Laois County Council v Scully
...for breaching an Order the terms of that order must be clear and unambiguous. He referred to R. v. City of London Magistrates' Court [1997] 3 All ER. 551 at 558 where Scott Baker J. stated: "Although there is an obligation to comply strictly with the terms of an injunction the courts will o......
-
ADM International SARL v Grain House International S.A. (Formerly known as Compagnie Agricole De Commercialisation Et De Conditionnement Des Cereales Et De Legumeineuses S.A.)
...terms: Iberian Trust Ltd. v. Founders Trust and Investment Co. Ltd. [1932] 2 K.B. 87, 95, recently applied in Reg. v. City of London Magistrates' Court, Ex parte Green [1997] 3 All E.R. 551, 558G.” 76 Mummery LJ also cited a passage of the judgment of Ipp J in the decision of the Supreme ......
-
MBR Acres Ltd v Michael Maher (aka John Thibeault)
...fundamental principles of procedural fairness that were part of the substantive common law of contempt of court. 88 In R v City of London Magistrates' Court ex parte Green [1997] 3 All ER 551 (“ ex parte Green”), the contempt proceedings arose from alleged breaches of injunction orders mad......