IN PETITION TO THE NOBILE OFFICIUM v. BY EXPRESS NEWSPAPERS PLC [1999] ScotHC 33 (19th February, 1999)

IN PETITION TO THE NOBILE OFFICIUM v. BY EXPRESS NEWSPAPERS PLC [1999] ScotHC 33 (19th February, 1999)

A petition to the nobile officium is competent to review a fine imposed for contempt by a bench of three Judges in the High Court, as contempt proceedings by petition are not covered by statutory finality provisions, and the fine imposed was within the range permissible to mark the seriousness of the publication, which created a substantial risk of serious prejudice to justice.

Citation
[1999] ScotHC 33
Parties
Petitioner: Express Newspapers PLC; Respondent: Crown
Jurisdiction
Scotland
Procedural Posture
Petition to the Nobile Officium / Appeal Against Sentence (fine) for Contempt of Court
Outcome
appeal refused
Legal Topics
Strict Liability Rule, Active Proceedings, Quorum of High Court, Nobile Officium, Review of Sentences, Publication Prejudicing Justice
Criminal Law Contempt of Court Media Law Strict Liability Rule Active Proceedings Quorum of High Court Nobile Officium Review of Sentences +1 more

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Parties

Express Newspapers PLC

Petitioner

Crown

Respondent

Procedural Posture

Petition to the Nobile Officium / Appeal Against Sentence (fine) for Contempt of Court

Legal Issues

  1. 1 Is a petition to the nobile officium competent to review a fine imposed for contempt by a bench of three Judges?
  2. 2 Was the fine of £50,000 excessive given the circumstances of the contempt?

Ratio Decidendi

A petition to the nobile officium is competent to review a fine imposed for contempt by a bench of three Judges in the High Court, as contempt proceedings by petition are not covered by statutory finality provisions, and the fine imposed was within the range permissible to mark the seriousness of the publication, which created a substantial risk of serious prejudice to justice.

Court Disposition

appeal refused

Orders

  • The petition by Express Newspapers PLC is competent.
  • The fine of £50,000 imposed for contempt is upheld.