- Author(s): Ian Cram, Andrew Grubb
- Publisher: LexisNexis
- Edition: 4 Ed Indian Rp 2019
- ISBN 13 9788180389085
- Approx. Pages 778 + Contents
- Format Hardbound
- Approx. Product Size 24 x 16 cms
- Delivery Time Normally 7-9 working days
- Shipping Charge Extra (see Shopping Cart)
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Description
The common law is justifiably seen as a jewel in the crown of English law. The common law has travelled far afield to many other countries where it has been adopted and developed by the local courts. No longer the sole preserve of the judges in London (or Edinburgh and Cardiff), its durability and richness has been due in no small way to the diversity of approach that exists between the common law countries throughout the world. Many of the great judges in England, such as Coke, Mansfield, Blackburn, Atkin, Devlin, Reid and Denning, and those from overseas such as Oliver Wendell Holmes, Benjamin Cardozo and Owen Dixon, have been masters of the common law. As we enter the new Millennium, the common law continues to influence the development of law elsewhere. It will remain a major export, but now also an import, of this country. Butterworths Common Law Series conceives of the common law in broad terms, providing analyses of the principles informing the frameworks of the law derived from judicial decisions and legislation. The Series seeks to provide authoritative accounts of the common law for legal practitioners, judges and academics. While providing a clear and authoritative exposition of the existing law, the Series also aims to identify and examine potential developments in the common law drawing on important and significant jurisprudence from other common law jurisdictions. Judges have increasingly looked to academic works for guidance on the accepted view of the law but also when contemplating a reformulation or change of direction in the law. The Series may, it is hoped, provide some assistance such that the law is less likely to be left undeveloped 'marching...in the rear limping a little', to quote a famous judicial aphorism (Mount Isa Mines v Pusey (1970) per Windeyer J).
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Contents
Part I : Overview
Chapter 1. Introduction
I - The scope of the law of contempt
II - Sources of the contempt power
III - Contempt and freedom of discussion - The New Constitutional Landscape
IV - The significance of the law of contempt
V - The structure of the book
Chapter 2. The constitutional context: fair trials, the administration
of justice and freedom of expression
I - Introduction
II -The European Convention on Human Rights 1950 ad the Human Rights Act 1998
III - Labour in Power - the Human Rights Act 1998
IV - Fair Trial and Freedom of Expression under the European Convention on
Human Rights - Some Structural Issues
V - Fair Trials and the unimpeded Administration of Justice in ECHR Jurisprudence
VI - Article 10 Freedom of Expression Jurisprudence
VII - The Regulation of Court-Related Speech Under The European Convention on Human Rights
VIII - Conclusion
Chapter 3.The impact of globalisation and new technology
I - Introduction
II - Criminal Contempt
III - Civil Contempt
IV - Other areas of contempt
Part II : Strict Liability
Chapter 4. Publications interfering with the due course of justice in particular legal
proceedings - the general position under the Contempt of Court Act 1981
I - Introduction
II - Applying the strict liability rule
III - The continuing relevance of the common law
Chapter 5. Publications interfering with the course of justice in particular criminal proceedings
I - Introduction
II - Publications before and during the trial
III - Publications after verdict but before sentence
IV - Publications after the trial, pending an appeal
V - Publications after the final conclusion of proceedings
VI - Third Party Costs Order
VI - Defences
Chapter 6. Civil contempt
I - Introduction
II - The ways in which civil contempt may be committed
III - Powers of the courts to enforce judgments or orders other than for the
payment of a sum of money
IV - Powers of the courts to enforce the payment of a sum of money
V - Is there a rule that the contemnor may not be heard?
VI - Appeals
VII - The Distinction between Civil And Criminal Contempt
Part III : Personal injury Damages
Chapter 7. Reporting Criminal Court proceedings
I - Introduction
II - Reporting Proceedings Heard in open Court
Chapter 8. Reporting civil court proceedings
I - Introduction
II - When a Civil Court may sit in private
III - Restrictions on Reporting Private Hearings
IV - Restrictions on reporting public Hearings
V - Access to Civil Court Documents
Chapter 9. Reporting family court proceedings
I - Introduction
Part IV : Interference With the Administration of Justice
Chapter 10. Interference with witnesses
I - Introduction
II - Interference with Witnesses before or during the trial: The Common Law
III - Interference with witnesses after the Trial : The Common Law
IV - Intimidation of Witnesses : Legislative Responses
V - Payment to witnesses : The Role of the Media Regulators
Chapter 11. Publications interfering with the due course of justice as a continuing process
I - Introduction
II - Scandalising The Court
Chapter 12. Contempt in the face of the court
I - Introduction
II - Ways in Which Contempt in The Face of the Court May be committed
III - Contempts Committed by Particular persons
IV - Mens Rea
V - Tribunals
VI - Procedure
Part V : Contempt Proceedings
Chapter 13. Bringing Proceedings
I - General considerations
II - The current prosecution Process in England and Wales
III - Punishment of the offender
IV - Appeals
V - Pardons
Chapter 14 : Responsibility for contempt by publication
I - Introduction
II - Types of publication
III - Defences available to publishers
Part VI : Miscellaneous
Chapter 15. The Protection of journalists' sources
I - The importance of the protection and the context
II - The Common Law Position
III - Section 10 of the Contempt of Court Act 1981
IV - The Strasbourg case law on journalists sources ad its impact on UK case-law
V - A Comparative view and evaluation
VI - Postscript : the UK loses the Interbrew case at Strasbourg
Chapter 16. The application of criminal contempt to statutory inquiries
I - Introduction
II - Inquiries Act 2005
III - How the Law of Contempt Affects Tribunals
IV - The Application of the Law of Constructive Contempt to Tribunals of Inquiry
V - Procedure
VI - Should criminal contempt apply to statutory inquiries
Chapter 17. Looking ahead: future developments in the law of contempt
I - Introduction
II - Whither the Human Rights Act
III - Anonymity orders in counter-Terrorism proceedings - The Supreme Court Speaks out in
Guardian News ad Media Ltd. (2010)
IV - Anonymity for rape defendants
Appendix 1 - Contempt of Court Act, 1981
Appendix 2 - Human Rights Act 1998
Index
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Author Details
Professor Ian Cram, School of Law, Leeds University
Series Editor
Andrew MA (Cantab), LLD (Lond), FmedSci, Barrister, Senior Immigration Judge in the Immigration and Asylum Chamber of the Upper Tribunal
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