The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 (16 February 2022)

The Counsel General for Wales, R (On the Application Of) v The Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181 (16 February 2022)

It is the personal responsibility of counsel and solicitors to ensure strict compliance with embargoes on draft judgments; breaches, even if inadvertent, are unacceptable and may result in contempt proceedings in future. Draft judgments and their substance must not be disclosed or acted upon outside the permitted purposes before hand-down.

Citation
[2022] EWCA Civ 181
Parties
Appellant/claimant: The Queen on the application of The Counsel General for Wales; Respondent/defendant: The Secretary of State for Business, Energy and Industrial Strategy; Interested Party: The Lord Advocate; Interested Party: The Attorney General for Northern Ireland
Jurisdiction
England and Wales
Judgment Date
16 February 2022
Procedural Posture
Judicial Review (administrative Law) / Appeal From High Court (divisional Court) to Court of Appeal
Outcome
No contempt proceedings initiated; warning issued
Legal Topics
Embargo on Draft Judgments, Confidentiality of Court Documents, Breach of Court Orders, Personal Responsibility of Legal Representatives
Civil Procedure Contempt of Court Embargo on Draft Judgments Confidentiality of Court Documents Breach of Court Orders Personal Responsibility of Legal Representatives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

The Queen on the application of The Counsel General for Wales

Appellant/claimant

The Secretary of State for Business, Energy and Industrial Strategy

Respondent/defendant

The Lord Advocate

Interested Party

The Attorney General for Northern Ireland

Interested Party

Procedural Posture

Judicial Review (administrative Law) / Appeal From High Court (divisional Court) to Court of Appeal

Legal Issues

  1. 1 Whether the embargo on the draft judgment was breached
  2. 2 What are the obligations of legal representatives regarding embargoed judgments
  3. 3 What are the appropriate consequences for breach of embargo

Ratio Decidendi

It is the personal responsibility of counsel and solicitors to ensure strict compliance with embargoes on draft judgments; breaches, even if inadvertent, are unacceptable and may result in contempt proceedings in future. Draft judgments and their substance must not be disclosed or acted upon outside the permitted purposes before hand-down.

Court Disposition

No contempt proceedings initiated; warning issued

Orders

  • No further action taken against the barristers or Chambers
  • Clear warning that future breaches will likely result in contempt proceedings