The trial judge, Silber J, held that both points that had to be established had been proved. It seems to me that this analysis, which separates purpose from reason and purpose from method, is more in keeping with the way the matter has been approached in the authorities. As Lord Phillips of Worth Matravers MR explained, [2001] QB 1028, 1040H-1041C, para 38: At the suggestion of the court a further ground of appeal was added, to the effect that the judge should have held that the purpose of the court in granting the injunctions was to prevent the publication of matter likely to harm national security and that, accordingly, the actus reus of the alleged contempt was publishing matter that was likely to harm national security. This was in keeping with his description of the primary purpose of the third party contempt jurisdiction at p 1054F-G, para 84. The Attorney General's contention is that their actions impeded or interfered with the administration of justice by the court in the proceedings in which the orders were made. All of our barristers are able to attend hearings and meetings with clients via telephone or video conference software.

This defence was rejected by the judge as irrelevant, in view of his finding as to the purpose of the injunctions. He said that the ulterior purpose of the injunctions which were granted in this case was to ensure that the material remained confidential until its status was determined at trial. Lord Phillips of Worth Matravers MR said at p 1058C-D, para 100 that the court's purpose in granting the injunctions was "to prevent the disclosure of any matter that arguably risked harming the national interest." Such an intent need not be expressly avowed or admitted, but can be inferred from all the circumstances, including the foreseeability of the consequences of the conduct. In my opinion the position can be stated more simply. Lord Phillips of Worth Matravers MR sought to identify the immediate, ulterior and ultimate purposes of an interlocutory injunction: p 1040H-1041B, para 38. The interlocutory injunctions were pronounced on by Hooper J on 4 September 1997 in proceedings by the Attorney General against, first, David Michael Shayler and, second, Associated Newspapers Limited.

At p 1054F-G he said: He then examined the Spycatcher contempt case, Attorney General v Newspaper Publishing plc, The Times, 28 February 1990, in which Nicholls LJ had held that the purpose of the injunctions was that the material to which they related should remain unpublished until trial. The scope of the appeal having been thus enlarged, Lord Phillips of Worth Matravers MR conducted a detailed examination of the jurisprudence which is to be found in the Spycatcher cases. I do not think that anything that he said in the course of this part of his judgment is controversial. 90.

As is the case where the question of intention, or mens rea, arises in criminal cases, it can be inferred from all the circumstances including the forseeability of the consequences of the defendant's conduct: Attorney General v Newspaper Publishing plc [1988] Ch 333, 374-375, per Sir John Donaldson MR. 88.

Attorney-General v Guardian Newspapers Ltd. (No.2) [1988] 3 All ER 545 (facts) - The Spycatcher affair began in 1985, when the British Government started proceedings against the book being published in Australia. 333 at 373H. It was necessary because, without it, a publication falling within the terms of the order would have been a contempt even if innocuous and even if the Attorney-General had in fact given his consent: see R v Inland Revenue Commissioners, Ex p Kingston Smith [1996] STC 1210, 1217. The facts are not now in dispute. He said that the purpose of the order was to prevent disclosure of the material covered by the injunctions without the consent of the Attorney-General until after the trial, and that the defendants' conduct had a significant and adverse effect on the administration of justice: para 57. Neither Mr Shayler nor Associated Newspapers appeared when the action came before Hooper J, but solicitors for Associated Newspapers had written a letter consenting to the order which Hooper J subsequently made against them. The appellant appealed against a judgment of the High Court dismissing his application … That is the criterion. swarb.co.uk is published by David Swarbrick of 10 Halifax Road, Brighouse West Yorkshire HD6 2AG. This, he said, did not go far enough. Leggatt J granted the injunction, and the defendant appealed.

that intent may exist, even though there is no desire to interfere with the course of justice. But this does not alter the fact that the court's purpose, when it grants the order, is to preserve the rights of the parties pending a final determination of the issues between them by the court. But where it is alleged that a stranger to the litigation is in contempt the position is different. That purpose should not be confused with the court's reasons for deciding that it would be appropriate to grant an interlocutory injunction. 102. The court's purpose must not be confused with the issue between the parties. At common law, if the court makes an order regulating its own procedure and the purpose of the order is plainly to protect the administration of justice, then anyone who subverts that order will be guilty of contempt’. So a stranger is liable for contempt if his act constitutes a wilful interference with the administration of justice by the court in the proceedings in which the order was made. The first is whether the judge was right to describe the purpose of the injunctions as being to prevent disclosure of the information until after the trial. Constitutional law - Publication - Power of President to proscribe publication - Duty to publish notice of proscription in local newspaper. The reason for the inclusion of the second proviso was in my opinion no more than to assist the defendant and any third parties by providing a quick and inexpensive way of excluding "innocuous material" from the order without requiring them to apply to the court for a variation. The respondent was the editor of "Punch" when an article containing the relevant material was published in issue 111 of the magazine on 26 July 2000. He set out his reasons for doing so in a commendably clear and careful judgment. It is about the right of private citizens and public authorities to seek and obtain the protection of the courts for confidential information which they claim to be their property’Lord Donaldson MR set out the intent required to be shown: ‘. It is no part of the court's function at that stage to resolve conflicts of evidence or questions of law that require detailed argument.


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