HM Attorney-General v MGN Ltd & Anor

The publications in the Daily Mirror and The Sun created a substantial risk that the course of justice in the proceedings against Mr Jefferies would be seriously impeded or prejudiced, particularly by deterring potential defence witnesses and damaging the preparation of his defence. The vilification of Mr Jefferies in the articles constituted contempt under the strict liability rule of the Contempt of Court Act 1981.

Parties: Claimant: Her Majesty’s Attorney-General; First Defendant: MGN Limited; Second Defendant: News Group Newspapers Limited
Jurisdiction: England and Wales
Judgment Date: 29 July 2011
Procedural Posture: Contempt of Court Application / Judgment on Liability, Pending Submissions on Penalty
Outcome: Contempt found against both defendants under the strict liability rule; penalty to be determined after further submissions.
Legal Topics: Contempt of Court, Strict Liability Rule, Prejudicial Publicity, Freedom of Expression, Fair Trial Rights

Criminal Law Media Law Contempt of Court Strict Liability Rule Prejudicial Publicity Freedom of Expression Fair Trial Rights

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Parties

Her Majesty’s Attorney-General

Claimant

MGN Limited

First Defendant

News Group Newspapers Limited

Second Defendant

Procedural Posture

Contempt of Court Application / Judgment on Liability, Pending Submissions on Penalty

Legal Issues

1 Whether the publications by the Daily Mirror and The Sun created a substantial risk that the course of justice in the proceedings against Mr Jefferies would be seriously impeded or prejudiced under section 2(2) of the Contempt of Court Act 1981.

Ratio Decidendi

Court Disposition

Contempt found against both defendants under the strict liability rule; penalty to be determined after further submissions.