The Counsel General for Wales, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy (No 2)

The Counsel General for Wales, R (on the application of) v The Secretary of State for Business, Energy and Industrial Strategy (No 2)

The embargo on the draft judgment was breached by the premature publication of a press release summarising the outcome. The responsibility for compliance with the embargo rests personally with counsel and solicitors. Drafting press releases to publicise chambers is not a legitimate activity within the embargo period. In future, breaches may result in contempt proceedings.

Parties
Appellant/claimant: 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
Civil Appeal / Judgment on Violation of Embargo on Draft Judgment
Outcome
No contempt proceedings instituted; clear warning issued for future breaches.
Legal Topics
Embargo on Judgments, Contempt of Court, Professional Responsibility
Civil Procedure Embargo on Judgments Contempt of Court Professional Responsibility

Case Brief

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Parties

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

Civil Appeal / Judgment on Violation of Embargo on Draft Judgment

Legal Issues

  1. 1 Whether the embargo on the draft judgment was breached
  2. 2 What consequences should follow from the breach

Ratio Decidendi

The embargo on the draft judgment was breached by the premature publication of a press release summarising the outcome. The responsibility for compliance with the embargo rests personally with counsel and solicitors. Drafting press releases to publicise chambers is not a legitimate activity within the embargo period. In future, breaches may result in contempt proceedings.

Court Disposition

No contempt proceedings instituted; clear warning issued for future breaches.

Orders

  • No further action against the Barristers; judgment serves as a warning to the profession.