HM Attorney General v Associated Newspapers Ltd & Anor
Both the Daily Mail and Daily Mirror, by publishing highly prejudicial material about Bellfield’s sexual offences and other alleged crimes not before the jury, created a substantial risk of serious prejudice to the ongoing trial, satisfying the strict liability rule under s.2(2) of the Contempt of Court Act 1981.
- Parties
- Claimant: Her Majesty’s Attorney General; First Defendant: Associated Newspapers Limited; Second Defendant: MGN Limited
- Jurisdiction
- England and Wales
- Judgment Date
- 18 July 2012
- Procedural Posture
- Contempt of Court Proceedings / Judgment After Trial
- Outcome
- Liability for contempt established; penalty to be determined after further submissions.
- Legal Topics
- Contempt of Court, Strict Liability Rule, Prejudicial Publication, Jury Discharge
Case Brief
Summary, issues, holding and outcome
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Parties
Her Majesty’s Attorney General
Claimant
Associated Newspapers Limited
First Defendant
MGN Limited
Second Defendant
Procedural Posture
Contempt of Court Proceedings / Judgment After Trial
Legal Issues
- 1 Whether the publications in the Daily Mail and Daily Mirror created a substantial risk that the course of justice in the Bellfield trial would be seriously impeded or prejudiced under s.2(2) of the Contempt of Court Act 1981.
Ratio Decidendi
Both the Daily Mail and Daily Mirror, by publishing highly prejudicial material about Bellfield’s sexual offences and other alleged crimes not before the jury, created a substantial risk of serious prejudice to the ongoing trial, satisfying the strict liability rule under s.2(2) of the Contempt of Court Act 1981.
Court Disposition
Liability for contempt established; penalty to be determined after further submissions.
Full Case Text
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