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01 February 2023
Issue: 8011 / Categories: Legal News , Procedure & practice , Contempt
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Breach of judgment embargo

A US deputy general counsel who breached the embargo on disclosure of draft judgments has escaped contempt proceedings.

While Lord Justice Warby acknowledged there was an argument that strict liability might apply, he chose to take no action since ‘further proceedings would be disproportionate to any need to uphold the court's authority’, in InterDigital Technology v Lenovo [2023] EWCA Civ 57. Lord Justice Birss and Lady Justice Falk agreed.

InterDigital counsel Steve Akerley, on holiday at the time, read the draft judgment on a mobile device and disclosed the outcome to the company’s US law firm under the heading ‘confidential’. 

The email was then forwarded to five team members, one of whom congratulated InterDigital’s solicitor Gowling partner Alexandra Brodie, who immediately replied: 'Thank you but unfortunately that is a breach of the embargo. Who else did he tell?'

Last February, Sir Geoffrey Vos MR warned that those who breach embargoes should expect to face contempt proceedings, in R (on the application of Counsel General for Wales) v Secretary of State for Business, Energy and Industrial Strategy [2022] EWCA Civ 181.

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Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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Freeths—Michelle Kirkland Elias

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International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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