Contempt of court
Disputes & Litigation

Contempt of court is about protecting the integrity of the process of the administration of justice as opposed to the dignity or sanctity of the court. Conduct that interferes or prejudices the administration of justice is susceptible to a charge of contempt of court, which as a criminal offence, that is required to be made out beyond a reasonable doubt, as opposed to on the balance of probabilities.

For instance, publishers may subject to a charge of contempt where material is published contrary to an undertaking or order of a court or demonising a person who gives evidence at a trial.

Section 2 of the Contempt of Court Act 1981 states that a person may be guilty of contempt where a publication creates a substantial risk of serious prejudice or impediment to particular proceedings and the proceedings are active.

In contempt law suits, there is usually a balancing act between the competing interests of the right to a fair trial and the need to protect free speech, which imports a consideration of the European Convention on Human Rights, which was enacted in the Human Rights Act 1988 UK.

The meaning of ‘publication’ under the Contempt of Court Act UK includes writing, speech, broadcast or any other communication to the public. Law suits made by private citizens with strict liability may only proceed with the consent of the Attorney General.

The common law of contempt which runs parallel and independently to contempt under the Contempt of Court Act still applies and the means by which the court exercises its inherent jurisdiction to address instances of contempt before it.