HM Solicitor General v Katarzyna Paczkowska
[2022] EWHC 3458 (KB)
His Majesty's Attorney General v Elavi Dowie
30 November 2022
[2022] EWCA Civ 1574
Court of Appeal
A man was sent to prison for secretly recording and posting online a private court case. The court said he was guilty but reduced the amount of money he had to pay because he's broke and in prison.
Key Facts
- •Elavi Dowie was committed to prison for eight months for contempt of court.
- •Dowie had posted videos on YouTube containing recordings of private family court proceedings.
- •The videos included recordings of cross-examinations and sensitive information.
- •Dowie was already serving an eight-year prison sentence for related criminal offences.
- •The Attorney General brought the contempt proceedings.
- •Dowie appealed against the contempt finding, sentence, and costs order.
- •The Court of Appeal dismissed the appeal regarding the contempt finding and sentence.
Legal Principles
Publication of recordings of private family court proceedings can constitute contempt of court.
Section 12 of the Administration of Justice Act 1960; Section 9(1) of the Contempt of Court Act 1981; Section 97(2) of the Children Act 1989
Committal hearings for contempt of court must be held in public.
Common Law
The court has discretion to award costs in contempt proceedings, considering reasonableness and proportionality.
Part 44 of the Civil Procedure Rules (CPR); Secretary of State for Transport v Cuciurean [2022] EWCA Civ 661; Attorney-General v Crosland [2021] UKSC 15
Consecutive sentences can be imposed for contempt of court, even if the contemnor is already serving a sentence for other offences.
R v Anomo [1998] 2 Cr App R (S) 269; Common Law
Outcomes
Appeal dismissed regarding contempt finding and sentence.
Dowie's actions constituted contempt of court; the sentence was not manifestly excessive.
Appeal allowed regarding costs order.
The judge failed to consider Dowie's lack of means before imposing the costs order; a lower costs order was substituted.