Scott & Anor v Scott [1913] UKHL 2 (5 May 1913)

Scott & Anor v Scott [1913] UKHL 2 (5 May 1913)

The High Court does not have an unqualified power to hear matrimonial causes in camera; such hearings are only justified where strictly necessary to secure the administration of justice. Orders for hearing in camera do not, absent necessity, prohibit subsequent publication of proceedings, and breach of such an order is not a criminal contempt. The Court of Appeal had jurisdiction to hear the appeal, as the matter was not a criminal cause or matter within s. 47 of the Judicature Act 1873.

Citation
[1913] UKHL 2
Parties
Appellant: Mrs. Scott; Appellant: Braby; Respondent: Scott
Jurisdiction
United Kingdom
Judgment Date
05 May 1913
Procedural Posture
Appeal / House of Lords Judgment
Outcome
appeal allowed
Legal Topics
Open Justice, In Camera Hearings, Contempt of Court, Nullity of Marriage, Court Powers, Publicity of Proceedings
Civil Procedure Family Law Constitutional Law Open Justice In Camera Hearings Contempt of Court Nullity of Marriage Court Powers +1 more

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Parties

Mrs. Scott

Appellant

Braby

Appellant

Scott

Respondent

Procedural Posture

Appeal / House of Lords Judgment

Legal Issues

  1. 1 Whether the High Court has the power to hear matrimonial causes in camera as a matter of course or only in exceptional circumstances
  2. 2 Whether an order for hearing in camera can lawfully prohibit subsequent publication of proceedings
  3. 3 Whether breach of such an order constitutes criminal contempt or only civil contempt

Ratio Decidendi

The High Court does not have an unqualified power to hear matrimonial causes in camera; such hearings are only justified where strictly necessary to secure the administration of justice. Orders for hearing in camera do not, absent necessity, prohibit subsequent publication of proceedings, and breach of such an order is not a criminal contempt. The Court of Appeal had jurisdiction to hear the appeal, as the matter was not a criminal cause or matter within s. 47 of the Judicature Act 1873.

Court Disposition

appeal allowed

Orders

  • Order of Bargrave Deane J. discharged
  • Respondent to pay costs in the House of Lords and in the courts below