This week’s Digest considers three judgments; one handed down by the Supreme Court and two handed down by the Divisional Court. The issue in Cape Intermediate Holdings was whether the Court of Appeal had inherent jurisdiction to make an order to disclose documentation available in a trial in the High Court to a victim’s forum which was not party to the proceedings. In De Zorzi the Court considered whether the appellant, who was resisting extradition to France, was a fugitive for the purposes of section 14 of the Extradition Act 2003. In Wixted the Court made it clear that, save in exceptional circumstances, a deliberate breach of an injunction protecting the new identity of Jon Venables will result in immediate custody.

Cape Intermediate Holdings Ltd v Dring [2019] UKSC 38

The judgment, available here, was handed down by Lady Hale on 29/07/2019.

The Supreme Court held that the Court of Appeal had inherent jurisdiction to make an order to disclose documentation available in a trial in the High Court to a forum which was not party to the proceedings. The Supreme Court emphasised that the scope of the court’s power to order access to materials to non-parties is informed by the principle of open justice.

De Zorzi v France [2019] EWHC 2062 (Admin)

The judgment, available here, was handed down by Mr Justice Garnham on 29 July 2019.

The Court allowed an appeal against an extradition order. The appellant, charged with offences in France, who had been permitted to return to the Netherlands before her conviction and sentence were issued, was not a fugitive and therefore could rely on section 14 of the (“EA 2003”). She had not knowingly placed herself beyond the reach of French justice; she had already been beyond its reach. She was therefore permitted to rely on delay by France in seeking her extradition.

Her Majesty’s Solicitor General v Anthony John Wixted [2019] EWHC 2186 (QB)

The judgment, available here, was handed down by Lord Justice Bean on 1 August 2019. William Hays appeared for the Solicitor General.

The Court decided to commit the respondent to prison for his contempt of court in breaching a longstanding injunction granted to protect the identity of Jon Venables. He was sentenced to nine months’ imprisonment.

Sentencing Remarks: R v Louise Porton

The sentencing remarks of Mrs Justice Yip, available here, were made on 2 August 2019.

Louise Porton was convicted of murdering her two daughters, aged 16 months and three years; she was sentenced to life imprisonment, with a minimum term of 32 years.

Woman conceived by rape presses police to prosecute her father

Man first to be jailed under Finn’s Law after police dog knife attack

 No release for killer under “Helen’s law” unless he reveals where victim is hidden

 Justice secretary warns police over “phone trawling” in sexual assault cases

Previous post Weekly Digest: 5 August 2019
Next post Weekly Digest: 1 September 2019