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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.

MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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