Secretary Of State For Business And Trade v Pettigrew (Sheriff Appeal Court Civil) [2025] SACCIV 44 (05 December 2025)

Secretary Of State For Business And Trade v Pettigrew (Sheriff Appeal Court Civil) [2025] SACCIV 44 (05 December 2025)

Deliberately taking and disseminating photographs of individuals within a court witness room, accompanied by derogatory and insulting comments, and reposting such material on social media, constitutes a direct and serious challenge to the authority and integrity of the court process. Such conduct is objectively likely to deter witnesses and others from participating in court proceedings, thereby prejudicing the administration of justice. Knowledge of witness status or intent to cause contempt is not required; it is sufficient that the acts were deliberate. Article 10 ECHR does not protect conduct that undermines the authority of the judiciary.

Citation
[2025] SACCIV 44
Parties
Minuter and Respondent: Secretary of State for Business and Trade; Respondent and Appellant: Garry Pettigrew
Jurisdiction
Scotland
Judgment Date
05 December 2025
Procedural Posture
Civil Appeal / Appeal Against Finding of Contempt of Court and Imposition of Fine
Outcome
Appeal refused
Legal Topics
Courtroom Photography, Witness Intimidation, Freedom of Expression, Administration of Justice
Contempt of Court Civil Procedure Courtroom Photography Witness Intimidation Freedom of Expression Administration of Justice

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Parties

Secretary of State for Business and Trade

Minuter and Respondent

Garry Pettigrew

Respondent and Appellant

Procedural Posture

Civil Appeal / Appeal Against Finding of Contempt of Court and Imposition of Fine

Legal Issues

  1. 1 Whether taking and disseminating photographs of individuals in a court witness room, accompanied by derogatory comments, constitutes contempt of court
  2. 2 Whether knowledge of witness status or intent is required for contempt
  3. 3 Whether Article 10 ECHR (freedom of expression) provides a defence to contempt in these circumstances

Ratio Decidendi

Deliberately taking and disseminating photographs of individuals within a court witness room, accompanied by derogatory and insulting comments, and reposting such material on social media, constitutes a direct and serious challenge to the authority and integrity of the court process. Such conduct is objectively likely to deter witnesses and others from participating in court proceedings, thereby prejudicing the administration of justice. Knowledge of witness status or intent to cause contempt is not required; it is sufficient that the acts were deliberate. Article 10 ECHR does not protect conduct that undermines the authority of the judiciary.

Court Disposition

Appeal refused

Orders

  • Appellant found liable to the respondent in the expenses of the appeal, as taxed