Times Newspapers Ltd v Abdulaziz

Times Newspapers Ltd v Abdulaziz

The court held that publication of 'the wording' would frustrate the purpose of the in camera hearing ordered on 8th December, and that the matter withheld from the public necessarily included the wording. The court had jurisdiction under s.11 Contempt of Court Act 1981 to restrain publication, even though the wording was used in open court by mistake. The appeal was dismissed and the prohibition on publication was upheld.

Parties
Applicant/appellant: Times Newspapers Ltd; Respondent: R; Defendant: Ehsan Abdulaziz
Jurisdiction
England and Wales
Judgment Date
08 July 2016
Procedural Posture
Criminal Appeal / Appeal Against Order Restricting Publication
Outcome
appeal dismissed
Legal Topics
Open Justice, In Camera Hearings, Publication Restrictions, Section 11 Contempt of Court Act 1981
Criminal Law Media Law Contempt of Court Open Justice In Camera Hearings Publication Restrictions Section 11 Contempt of Court Act 1981

Case Brief

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Parties

Times Newspapers Ltd

Applicant/appellant

R

Respondent

Ehsan Abdulaziz

Defendant

Procedural Posture

Criminal Appeal / Appeal Against Order Restricting Publication

Legal Issues

  1. 1 Whether it was necessary to depart from open justice regarding 'the wording'
  2. 2 Whether the court had jurisdiction under s.11 Contempt of Court Act 1981 to restrain publication of 'the wording'
  3. 3 Whether the procedure adopted excluded TNL unfairly from material relied upon by the Crown

Ratio Decidendi

The court held that publication of 'the wording' would frustrate the purpose of the in camera hearing ordered on 8th December, and that the matter withheld from the public necessarily included the wording. The court had jurisdiction under s.11 Contempt of Court Act 1981 to restrain publication, even though the wording was used in open court by mistake. The appeal was dismissed and the prohibition on publication was upheld.

Court Disposition

appeal dismissed

Orders

  • Order under s.11 Contempt of Court Act 1981 prohibiting publication of any matter tending to identify the terms or nature of 'the wording' referred to at [7] of the Open Judgment handed down on 8th July, 2016, to remain in effect until further order of the Court.
  • Order under s.4(2) Contempt of Court Act 1981 covering the hearing before the Court discharged.