Case Law/Case Studies

Question 1

Scott v Scott (1913)

Answer 1

• Set a precedent for open justice
• Anne Marie Scott sent court transcripts to her husbands family after she suspected he had given a false account
• He took legal action as the case was not open to the public
• She appeal at the Supreme Court who ruled in her favour stressing the importance of open justice and establishing the extent of it

Question 2

R v Southwark Crown Court ex parte Godwin (1991)

Answer 2

The Court of Appeal ruled that the courts cannot use law made to give juveniles anonymity to specify that an adult defendant should not be identified by the media

Question 3

R v Hutchinson (2014)

Answer 3

A case where anonymity of a sexual offence victim was lifted because there was ‘substantial and unreasonable’ burden on reporting. The victim’s boyfriend had been secretly poking holes in condoms because he wanted a child and she did not. He was charged with aggravated sexual assault.

Question 4

Guardian News and Media v City of Westminster Magistrates (2012)

Answer 4

• Landmark ruling in an extradition case
• Created a presumption in law that journalists should be allowed to see case material even if it hasn’t been read out in open court and even if they weren’t in the court when it was mentioned

Question 5

Cape Intermediate Holdings v Graham Dring (2019)

Answer 5

• Supreme Court ruling where the judge ordered a review of rules in all courts concerning media access to case material
• Said courts should supply journalists with case material if it was referred to in proceedings and sought for ‘serious journalistic purpose’ either to cover the case fully or for use in an investigation or commentary on an issue of public interest

Question 6

R v Felixstowe Justices ex p Leigh

Answer 6

Case law for Criminal Procedure Rules, Rule 5.8

Question 7

Goodwin v United Kingdom (1996)

Answer 7

Bill Goodwin a trainee journalist for Engineer Magazine published a piece revealing a firm was in financial trouble after being tipped off by a confidential source and was fined under the Contempt of Court Act (1981) for refusing to reveal his source. He appealed this in all courts before taking the case to the European Court of Human Rights who ruled in his favour under Article 10 which became the main defence in court for such cases.

Question 8

Campbell v Mirror group newspapers (2004)

Answer 8

Naomi Campbell sued The Mirror for breach of privacy over a story about her attending narcotics anonymous with a picture of her coming out of therapy. She had previously denied drug taking so the judge deemed this was in the public interest and could be published however, the images taken of her leaving therapy breached her privacy so she was awarded damages.