Case Law Examples

Question 1

Open Justice

Scott V Scott

Answer 1

• Why we have open justice in Courts today.
• Court went into ‘camera’ (private) because of sensitive evidence – Mr Scott was impotent and the marriage had never been consummated.
• She was examined and thus granted a divorce. However, she feared Mr Scott had given a false account to his sister and father so sent them the transcript of the court proceedings.
• He took legal action and she was found to be in contempt of court
• She appealed at House of Lords.
• They found in her favour – the judges were shocked the proceedings had taken place in secret.
• This is an example of a case setting a precedent in law

Question 2

Important quote from Scott V Scott from the Senior Judge.

Answer 2

“Every court of justice is open to every subject of the King.”

Question 3

The Yorkshire Ripper

Answer 3

• Famous case from 1970s
• Peter Sutcliffe was a serial killer who struck in the 70s attacking and killing prostitutes and students.
• Police didn’t link the killings, initially.
• He struck every six months putting a lot of pressure on the police to catch him, eventually killing 13 women.
• Women were too scared to go out, football chants, university students in Leeds and Bradford.
• Sutcliffe was later found guilty after a trial.
• At the time of the case The Contempt of Court Act 1981 was going through parliament and the trial changed the way MPs felt about how the public could influence the trial process.

Question 4

Lucy Connolly Case

Answer 4

• Childminder who was jailed for 31 months for inciting racial hatred.
• Tweet was seen by over 310,000 people at the height of the Southport riots.
• She called for the ‘mass deportation now’ by adding: “set fire to all hotels [housing asylum seekers]… for all I care.”
• Context of her crime: ‘Riots’
• Pleaded guilty.
• Sentence was imposed to ‘punish and deter’
• Appeal failed.
• Following her release from prison she has claimed she was a ‘political prisoner.’

Question 5

S45 + S39

JC and RT V Central Criminal Court

Answer 5

S45 orders and S39 orders for juveniles appearing in adult court expires at 18

Question 6

James Buglar

Answer 6

If the juvenile has committed a serious crime the argument for lifting the restriction is stronger

Question 7

Court of Appeal Markham and R v Aziz

Answer 7

If application to lift restriction has been refused, it can be resubmitted after a guilty verdict/plea

Question 8

Privacy case law

Answer 8

• Sir Cliff Richard v BBC and Chief Constable of South Yorkshire Police
• Campbell v Mirror Group Newspapers (Naomi Campbell)
• Peck v United Kingdow – European Court of Human Rights ruled man’s privacy was breached after he was filmed during attempted suicide and this was broadcast by the media.
• Duchess of Sussex v Associated Newspapers – Mail on Sunday breached Meghan Markle’s privacy and copyright law after it published private letter to her father.
• Vonn Hannover v Germany – Princess Caroline of Monaco’s privacy breached because of press intrusion into her holidays, shopping, daily life. She argued her right to socialise with other people had been infringed. A ruling in 2021 found media coverage of celebrities’ lives was acceptable if in the general interest and in balance with her right to privacy.
• Alaedeen Sicri v Daily Mail case set a precedent meaning even if a person is arrested on suspicion of a crime they are still entitled to privacy – name should not be published until charged.

Question 9

copyright

Lion Intoximeters V Evans

Answer 9

Court of Appeal ruled Daily Express’s publication of an internal memo, leaked to the newspaper about faulty breathalyser equipment was in the public interest

Question 10

Contempt of Court

Answer 10

• A S11 order cannot be valid if there has been no previous decision by the court to stop the name or matter being mentioned in open court – R v Arundel Justices ex p Westminster Press
• A S11 order is not to be used for the ‘comfort and feelings of defendants’ Rv Evesham Justices ex p McDonagh 1988 – Lord Justice Watkins said in the High Court many people facing criminal charges would like their identity and home address kept secret
• In R v Westminster City Council ex p Castelli 1995, Mr Justice Latham said in the Queen’s Bench Division of the High Court that “Section 11 orders cannot be used simply to protect privacy or avoid embarrassment.”

Question 11

Qualified Privilege

Answer 11

• Written press releases if distributed at press conferences, even if not read out loud, are considered part of press conference proceedings
• This was made law in 2000 by a House of Lords decision in Turkington and Others (practising As Mccartan Turkington Breen) v. Times Newspapers Limited – Lee Clegg case*

Question 12

Breach of confidence

Answer 12

-In Sun Printers v Westminster Press (Watford Observer) the court of appeal ruled that plans to make workers redundant had already been circulated widely – to trade unions etc, so didn’t have the necessary quality of confidence – so it was okay for the Watford Observer to publish the information.

Question 13

Lifting reporting restrictions - Sexual Offences

Answer 13

Rv Hutchinson – court can lift restriction if it’s in public interest and places ‘substantial and unreasonable burden on reporting’

Question 14

Access to court documents

Answer 14

• Cape Intermediate Holdings v Graham Dring, and Guardian News and Media v City of Westminster Magistrates
• These rulings said journalists should be given access to court documents, including for SJP cases, even if not read out in open court and the journalist wasn’t in court at the time.