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Contempt of court has been aptly described as the Proteus of the
legal world, assuming an almost infinite diversity of forms. Its
central concern is to protect the administration of justice in
criminal and civil cases, but also to protect witnesses from being
victimized and courts from being subjected to destructive criticism
in the press, or disruptive conduct during their proceedings.
Professor Miller's classic work Contempt of Court gives a
comprehensive treatment of the issues in this broad subject area
including contempt in the face of the court, publication contempt,
and civil contempt when orders are breached. This new and updated
edition has been written against the backdrop of transformations to
the media and mass communication technology. Social media has
changed day-to-day life almost beyond recognition, and its
potential to prejudice criminal proceedings in particular has
quickly become apparent. The High Court and the Court of Appeal are
considering with increasing frequency what steps might be
appropriate to safeguard criminal trials in this context, these can
include injunctions, orders made under the Contempt of Court Act
1981, and severe sanctions when members of the public find
themselves in contempt. This edition incorporates the most recent
case law in this area. Through pragmatic and reliable analysis,
this book provides the reader with an authoritative understanding
of all aspects of this vital topic.
Contempt of court has been aptly described as the Proteus of the
legal world, assuming an almost infinite diversity of forms. Its
central concern is to protect the administration of justice in
criminal and civil cases, addressing, for example, the perennial
conflict between the requirements of a fair and unprejudiced trial
and those from freedom of expression. It is also concerned to
protect witnesses from being victimized and courts from being
subjected to destructive criticism in the press, or disruptive
conduct during their proceedings. Similarly, it provides the
ultimate sanction to secure the enforcement of court orders. A
further major clash of interests is between the demands of 'open
justice' and the numerous restrictions on reporting which now
exist, for example to confer anonymity on children and on
complainants in sexual cases and on other vulnerable witnesses.
These are discussed in detail, particularly in the light of the
changes associated with the Youth Justice and Criminal Evidence Act
1999. This new and considerably expanded version of Professor
Miller's classic work on the subject has been written against the
background of the Human Rights Act 1998 and the ever-increasing
importance of the European Convention of Human Rights. The
compatibility (or otherwise) of existing law with 'Convention
rights' is discussed in detail in the light of the decisions of the
European Court of Human Rights, many of which are not as inimical
to the values traditionally advanced by the law of contempt as is
sometimes assumed. Full discussion of the many changes in English
law is accompanied by references to developments in such
jurisdictions as Australia, New Zealand, Canada and, to a lesser
extent, the United States of America. In particular the Canadian
Charter of Rights and Freedoms has long since required Canadian
courts to grapple with issues which are now confronting their
United Kingdom counterparts. It is to be expected that such
developments will increasingly be taken into account when
reassessing our own law of contempt.
This key text on consumer law contains materials drawn from a broad
range of sources and includes extracts from: cases and statutes;
Government and Law Commission reports; and publications produced by
the Office of Fair Trading and the National Consumer Council. It
also incorporates materials illustrating the approach of other
jurisdictions, most notably within the Commonwealth, north America
and continental Europe. The ever-increasing influence of the
European Community is apparent throughout this work and the
extracts (many of which are not readily accessible elsewhere) are
introduced, linked and contextualised by extensive commentary,
notes, problems and questions for discussion. The book takes full
account of the major statutory changes since the last edition, for
example, the Consumer Protection Act 1987, the Sale and Supply of
Goods Act 1994, the Package Travel, Package Holidays and Package
Tours Regulations 1992, the Unfair Terms in Consumer Contracts
Regualtions 1994 and the General Product Safety Regulations 1994.
In addition, there is discussion of developments affecting the
enforcement of penalties, including conditional fee agreements and
group actions, together with coverage of the substantial amount of
recent case law. Miller, Harvey and Parry offer wide-ranging and
authoritative coverage of an increasingly complex area of law. It
will be an invaluable source of learning for all students of
consumer law, particularly undergraduates and those on Legal
Practice courses. It will also interest specialist and
non-specialist practitioners, and non-lawyers who deal with
consumer law such as trading standards officers and those
proffering advice from citizens advice bureaux.
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