YSA v Associated Newspapers Ltd

YSA v Associated Newspapers Ltd

The application is defective and unfair due to lack of procedural compliance, insufficient detail, absence of statement of truth, improper service, and failure to establish a strong prima facie case; the Upper Tribunal's contempt jurisdiction must be exercised in accordance with procedural safeguards analogous to those in the High Court.

Parties
Applicant: YSA; Respondent: Associated Newspapers Ltd; Interested Party: Secretary of State for the Home Department
Jurisdiction
England and Wales
Judgment Date
14 February 2023
Procedural Posture
Application for Committal for Contempt / Ruling on Application
Outcome
Application dismissed
Legal Topics
Anonymity Orders, Jurisdiction of Upper Tribunal, Procedural Requirements for Contempt, Media Breaches of Court Orders

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Parties

YSA

Applicant

Associated Newspapers Ltd

Respondent

Secretary of State for the Home Department

Interested Party

Procedural Posture

Application for Committal for Contempt / Ruling on Application

  1. 1 Does the Upper Tribunal have jurisdiction to commit for contempt for breach of anonymity orders?
  2. 2 Are the procedural requirements for contempt applications satisfied?
  3. 3 Is permission required for the application?

Ratio Decidendi

The application is defective and unfair due to lack of procedural compliance, insufficient detail, absence of statement of truth, improper service, and failure to establish a strong prima facie case; the Upper Tribunal's contempt jurisdiction must be exercised in accordance with procedural safeguards analogous to those in the High Court.

Court Disposition

Application dismissed