Makin (as executor of Stewart-Brady (deceased)) v News Group Newspapers Ltd

Contempt of court – Civil contempt. The Chancery Division ruled that no further steps would be taken against the defendant, News Group Newspapers Ltd, in relation to The Sun newspaper's breach of an undertaking, which had been given to the court, not to identify, other than by generic description, a number of animal charities, which were the beneficiaries of a will made by the Moors Murderer, Stewart-Brady. The undertaken had been given following an unsuccessful application by the claimant executor of the Stewart-Brady's will for an injunction to restrain publication of the relevant article. The court held that, whilst the breach of the undertaking amounted to a contempt of court, no further action would be taken because, on the evidence, that breach had been the result of inadvertence, rather than a deliberate breach. The Sun had taken immediate action to remedy the breach and steps had been taken to ensure that there could be no repetition of the breach. In so concluding, the court had further considered that there had been no indication that the claimant or the charities concerned had been harmed.

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