Warner, R, v

Warner, R, v

Serious procedural unfairness occurred because the appellant was not fully and clearly informed that confidentiality had been waived and was denied an opportunity to take legal advice before being found in contempt. This material irregularity warrants quashing the contempt finding.

Parties
Respondent: Regina; Appellant: Nicholas Warner
Jurisdiction
England and Wales
Judgment Date
24 March 2020
Procedural Posture
Criminal Appeal / Judgment
Outcome
appeal allowed
Legal Topics
Witness Compellability, Religious Confidentiality, Procedural Irregularity
Criminal Law Contempt of Court Procedural Fairness Witness Compellability Religious Confidentiality Procedural Irregularity

Case Brief

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Parties

Regina

Respondent

Nicholas Warner

Appellant

Procedural Posture

Criminal Appeal / Judgment

Legal Issues

  1. 1 Whether the appellant was properly found in contempt of court for refusing to answer questions in cross-examination
  2. 2 Whether procedural fairness required the appellant be allowed to take legal advice before being found in contempt

Ratio Decidendi

Serious procedural unfairness occurred because the appellant was not fully and clearly informed that confidentiality had been waived and was denied an opportunity to take legal advice before being found in contempt. This material irregularity warrants quashing the contempt finding.

Court Disposition

appeal allowed

Orders

  • finding of contempt quashed