Source: All England Reporter
Publisher Citation: [2015] All ER (D) 180 (Apr)
Neutral Citation: [2015] EWHC 1079 (Admin)
Court: Queen's Bench Division, Divisional Court

Lord Justice Bean, Mr Justice William Davis and Mr Justice Warby

Representation Alex Bailin QC and Edward Craven (instructed by Bindmans LLP) for the appellant.
  Steven Kovats QC (instructed by Crown Prosecution Service) for the Crown.
Judgment Dates: 23 April 2015


Newspaper - Publishing - Editor - Appellant editor of regional paper publishing report in breach of reporting restriction order - Judge rejecting no case submission - Appellant appealing by way of case stated - Whether editor of newspaper publishing material in breach reporting restriction order being 'any person who publishes' - , .

The Case

Newspaper Publishing. The appellant was the editor of a regional paper which published a report in breach of a reporting restriction order imposed under of the Children and Young Persons Act 1933. The judge rejected the appellant's submission that he had no case to answer, after which he pleaded guilty and was fined. The appellant appealed by way of case stated. The Divisional Court, in dismissing the appeal, held that the editor of a newspaper did not, as a matter of law, fall outside the scope of the expression 'any person who publishes' in s 39(2) of the Act.

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