Borrie and Lowe : The Law of Contempt (Butterworths Common Law Series)

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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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