YSA Somalia (Committal for contempt by media)

       The Upper Tribunal has the contempt powers of the High Court derived from s 25 of the Tribunals, Courts and Enforcement Act 2007. Save where required by statute, the jurisdiction does not require the participation of the Attorney-General, even where the alleged contempt is a 'criminal' or 'public interest' one.

      In the absence of specific procedures laid down by Tribunal Procedure Rules, the Tribunal will require applications to commit for contempt to adopt, so far as possible, the same practices and safeguards as are found in CPR part 81, so as to ensure fairness to the respondent, and economy of resources.

      Permission is required, and must be sought, when the application is made other than 'in existing proceedings'. An application is not made 'in existing proceedings' if it is an application made in the course of an appeal under s 82 in relation to an alleged breach of an order made in Judicial Review proceedings by the same claimant.

             This is an application by the applicant against the respondent. In the words of the application itself, it is an application "to the Tribunal to bring proceedings against the R for contempt pursuant to Tribunals, Courts and Enforcement Act 2007, s.25(2)(c) because of the respondent's repeated breach of anonymity orders made in the A's favour by this Tribunal and by the FT."

             The orders invoked by the applicant are as follows. First, during judicial review proceedings before this Tribunal, JR/5428/2019, the following order was made on 22 October 2019 by UTJ Perkins: