“It has been emphasised that the court should exercise great caution before giving permission to bring proceedings [and] should not do so unless there is a strong case both that the statement in quest
“It has been emphasised that the court should exercise great caution before giving permission to bring proceedings [and] should not do so unless there is a strong case both that the statement in question was untrue and that the maker knew that it was untrue at the time he made it”
- Heading
- INTRODUCTION
- THE PERMISSION APPLIED FOR
- EVIDENCE
- THE NEED FOR PERMISSION
- “It has been emphasised that the court should exercise great caution before giving permission to bring proceedings [and] should not do so unless there is a strong case both that the statement in quest
- APPLYING THE LEGAL PRINCIPLES TO THE GROUNDS
- Significance of and use to which the Statement was put/motive
- THE PUBLIC INTEREST
- Prosecutorial Motive
- Would contempt proceedings justify the court’s and other resources which would be devoted to them?/Proportionality
- Furthering the Overriding Objective
- Likely Penalty
- Is Sanman a Proper Person to bring the Contempt proceedings?
- The Need for Great Caution
- GROUNDS 3 AND 4
- Does Sanman have a Strong Prima Facie Case that the statement is false?
- Does Sanman have a Strong Prima Facie Case that Mr Ginda knew the Statement to be untrue?
- The significance of the false statement, use to which it was put and Mr Ginda’s motive
- Conclusions
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