Court ruling highlights breaches of confidentiality

On 30 April 2025, the High Court of Justice delivered a significant judgment concerning breaches of a court embargo. This case, Glaister & Anor, R (on the application of) v Assistant Coroner for North Wales, stemmed from a judicial review involving multiple parties, including the Leonard Family and the Scout Association. The central issue revolved around a Confidential Embargoed Draft Judgment (CEDJ) that was improperly disclosed to journalists prior to its official hand-down date.

The judgment, authored by Fordham J, began with an explanation of the critical distinction between a Court Embargo and a Journalism Embargo, noting that these different types of embargo carry distinct implications and responsibilities for legal practitioners. Fordham J stated, “This judgment has at its heart a vital distinction between a Court Embargo and a Journalism Embargo.” The court meticulously outlined the events that led to the breaches and assessed the responsibilities of the legal representatives involved.

Significantly, the evidence revealed that the breaches primarily occurred within the law firm Fieldfisher, representing the Leonard Family. Critical findings included that the firm’s staff members failed to grasp the extent of restrictions imposed by the court. For example, the court observed that Ms Pearson, a non-lawyer involved in media communications, mistakenly believed it was permissible to share the embargoed judgment with journalists under a “media embargo” convention. This misunderstanding resulted in the CEDJ being disclosed to several journalists before its hand-down, fundamentally violating the court’s directive.

The ruling meticulously documented several instances of improper communication. For instance, emails were sent to journalists that disclosed content from the CEDJ, alongside marketing preparations undertaken by the firm in anticipation of the judgment’s public release. Fordham J clarified that these actions constituted significant breaches of the Court Embargo, with notable failings in clarity regarding the embargo’s implications. The judgment stated, “All breaches of the Court Embargo are significant and matters of concern. Each was a contravention of the express terms of the Court Embargo. None of them should have occurred.”

Ultimately, the court decided against pursuing contempt proceedings against the individuals involved, citing the absence of deliberate misconduct and the potential for misinterpretations of the embargo protocols due to the respective roles of the legal representatives. According to the judgment, “Ms Pearson is not a lawyer. She does not have legal training. The firm knew this. She was not given clear instruction.” This conclusion reflects the court’s understanding of the context and nature of the breaches, underscoring the necessity for clarity and training in legal practices surrounding embargoed documents.

Moreover, the judgment serves as a crucial reminder to solicitors and barristers regarding their obligations to uphold judicial integrity. The court emphasised that all legal representatives must take all reasonable steps to ensure confidentiality is maintained at all times, particularly regarding sensitive documents like the CEDJ. The ruling concluded with a call for ongoing improvements in awareness and training to prevent future occurrences of similar breaches, reaffirming the importance of safeguarding the judicial process and the public’s trust in legal institutions.

In summary, this judgment not only addresses the specific breaches that occurred in this case but also reinforces the standards expected of legal practitioners in maintaining court communications’ integrity. The implications of this ruling extend beyond the parties involved, marking a pivotal moment in reinforcing judicial process protections and compliance expectations in the legal community.

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