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Contents
Chapter 1. Introduction
I - The scope of the law of contempt
II - Sources of the contempt power
III - Contempt and freedom of discussion
IV - The significance of the law of contempt
V - The structure of the book
Chapter 2. Contempt in the face of the court
I - Introduction
II - Ways in which contempt in the face of the court may be committed
III - Contempts committed by particular persons
IV - Mens rea
Chapter 3. Publications interfering with the due course of justice in particular legal proceedings - the general position at common law
I - Objectives and dilemmas
II - The requirements of the due administration of justice
III - Test of liability
IV - Criticisms of the common law position
V - Reform in the United Kingdom
Chapter 4. Publications interfering with the due course of justice in particular legal proceedings - the general position under the Contempt of Court Act 1981
I - Introduction
II - Applying the strict liability rule
III - The continuing relevance of the common law
Chapter 5. Publications interfering with the course of justice in particular criminal proceedings
I - Introduction
II - Publications before and during the trial
III - Publications after verdict but before sentence
IV - Publications after the trial, pending an appeal
V - Publications after the final conclusion of proceedings
VI - Defences
VII - Pre-trial publication bans in Canada after the Charter
Chapter 6. Publications interfering with the course of justice in particular civil proceedings
I - Introduction
II - Publications calculated to impair the court's impartiality in particular proceedings
III - Deterring or influencing witnesses
IV - Pressurising parties
V - Pre-emption of litigation by affecting the subject-matter of proceedings
VI - The application of the prejudgment test
VII - Publications pending an appeal
VIII - Publications after the final conclusion of the case
IX - Defences
Chapter 7. The timing of publications
I - Introduction
II - Common law
III - The proposals for reform
IV - The timing provisions under the contempt of court act 1981
Chapter 8. Reporting court proceedings
I - Introduction
II - Reporting proceedings heard in open court
III - Reporting proceedings held in private
Chapter 9. Publications interfering with the due course of justice as a continuing process
I - Scandalising the court
II - Publication of a jury's deliberations
Chapter 10. Responsibility for contempt by publication
I - Responsibility for a newspaper or magazine publication
II - Responsibility of persons engaged in broadcasting, film and television media
III - Responsibility for publications by electronic media
IV - The defence of innocent publication or distribution under section 3 of the
Contempt of Court Act 1981
Chapter 11. Acts which interfere with the course of justice
I - Interference with persons having duties to discharge in a court of justice
II - Interference with parties to an action
III - Breach of duty by persons officially connected with the court or its process
IV - Interfering with the court's special jurisdiction over certain persons
V - Abuse of the court's process
VI - Miscellaneous examples
Chapter 12. Jurisdiction, procedure and powers of the courts in respect of criminal contempts
I - General considerations
II - The current prosecution process in England and Wales
III - Punishment of the offender
IV - Appeals
V - Pardons
Chapter 13. The application of criminal contempt to tribunals of inquiry
I - Introduction
II - How the law of contempt affects tribunals of inquiry
III - The application of the law of constructive contempt to tribunals of inquiry
IV - Procedure
V - Should criminal contempt apply to tribunals of inquiry?
Chapter 14. Civil contempt
I - Introduction
II - The ways in which civil contempt may be committed
III - Powers of the courts to enforce judgments or orders other than for the
payment of a sum of money
IV - Powers of the courts to enforce the payment of a sum of money
V - Is there a rule that the contemnor may not be heard?
VI - Appeals
VII - The distinction between civil and criminal contempt
Appendix - Contempt of Court Act, 1981
Index
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Author Details
Third Edition Edited by
Nigel Lowe, LLB (Sheffled), of the Inner Temple, Barrister, Professor of Law, Cardiff Law School, University of Wales
Brenda Sufrin, LLB (Birmingham), Solicitor, Reader in Law, University of Bristol
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