June 14, 2024

Jamal Hijazi -v- Stephen Yaxley-Lennon

High Court King's Bench Division Media and Communications List Judgment Transmission Direction Order

Claim Number: QB-2019-001740

In the High Court of Justice
King’s Bench Division
Media and Communications List

14 June 2024

Before:

The Honourable Mr Justice Nicklin

Between:

Jamal Hijazi

-v-

Stephen Yaxley-Lennon (aka Tommy Robinson)

and

HM Solicitor General
(Applicant)

Order

NOTICE TO THE DEFENDANT:

The Applicant has made a Contempt Application (a further copy of which is served with this Order) alleging that you are in contempt of court. You should read it carefully. Note particularly – “YOUR RIGHTS” – set out on p.3 of the Contempt Application and set out in full below at the end of this Order.

The Court has ordered that a DIRECTIONS hearing will take place on MONDAY 29 JULY 2024, at 10.30am at the Royal Courts of Justice, Strand, LONDON WC2A 2LL.

YOU MUST ATTEND THIS HEARING. If you fail to do so, a warrant for your arrest may be issued by the Court pursuant to CPR 81.7(2). You are advised to seek legal advice. Legal aid is available for advice and representation in respect of the Contempt Application.

DO NOT IGNORE THESE PROCEEDINGS.

UPON APPLICATION by the Applicant by Contempt Application (N600) dated 4 June 2024 (but filed on 7 June 2024) (“the Contempt Application”) seeking to punish the Respondent (“Defendant”) for alleged breaches of the Order of the Court made in these proceedings on 22 July 2021 as identified in the Contempt Application

AND UPON READING the Affidavit of Debra Chan-Smith sworn on 15 May 2024 in support of the Contempt Application

AND UPON it appearing to the Court that persons not taking part in the proceedings may wish to attend the Directions Hearing remotely and to make transmission direction requests to enable them to do so

WITHOUT A HEARING IT IS ORDERED THAT:-

1. The Contempt Application will be listed before a Judge of the Media & Communications List (not Mr Justice Nicklin) on Monday 29 July 2024 at 10.30am for DIRECTIONS only (“the Directions Hearing”).

2. The Defendant is ordered to (and must) attend the Directions Hearing.

3. As soon as practicable, the Applicant must serve a copy of this Order personally upon the Defendant (which must be accompanied with a further copy of the Contempt Application) or take all reasonable steps to ensure that he is notified of the Directions Hearing and the requirement that the Defendant must attend.

4. If the Defendant contends that the Applicant requires the permission of the Court to bring the Contempt Application against him, then he must notify the Applicant in writing accordingly by 4.30pm on Monday 15 July 2024.

5. The Applicant and Defendant should attempt to agree proposed directions that the Court will be invited to make at the Directions Hearing.

6. By 4.30pm on Monday 22 July 2024, the Applicant must:
a) file with the Court either a certificate of service or witness statement confirming:
i. compliance with Paragraph 3 of this Order; and
ii. that the Contempt Application has been personally served on the Defendant;
b) file and serve a paginated and indexed Bundle for the Directions Hearing;
c) file and serve the directions that the Applicant (and, if agreed, the Defendant) will invite the Court to make at the Directions Hearing; and
d) file and serve a skeleton argument for the Directions Hearing.

7. These directions have been made without giving the Applicant and Defendant an opportunity to make submissions. As such, the Applicant and/or Defendant may apply to vary this Order, but any such Application must be made by Application Notice, issued, filed and served by 4.30pm on 28 June 2024.

Transmission Direction Requests for the Directions Hearing

8. Any request by a person not taking part in the proceedings (“a TD applicant”) for a direction under s.85A(3)(b) Courts Act 2003 for permission to watch or listen to the Case Management Hearing remotely (“a transmission direction request”) must be made (in accordance with Paragraph 9 below) by 4.30pm on Monday 22 July 2024.

9. Any transmission direction request must be sent to kbjudgeslistingoffice@justice.gov.uk and must include the following:
a) the full name of the TD applicant;
b) the email address of the TD applicant;
c) information as to whether the TD applicant would be located within the jurisdiction of England and Wales at all times when attending the Directions Hearing remotely (if a transmission direction were to be made); and, if not, details of the TD applicant’s location;
d) any information the TD applicant wishes to provide in support of the request, including in particular any reason(s) why it is contended that making such a direction would be in the interests of justice; and
e) a statement by the TD applicant in the following terms:

“I agree and undertake to the Court that, if permitted to attend the Directions Hearing remotely, I will not make a recording, capture images, and/or broadcast any part of the proceedings. I understand that to do so may be an offence and/or contempt of court, punishable by imprisonment and/or a fine. I will abide by any directions given to me by the Court during the Directions Hearing.

“I agree and undertake to the Court that I will not provide the link that I am given to access the Case Management Hearing to any other person.”

10. A transmission direction request that is not made by the deadline imposed by Paragraph 8 of this Order and/or does not comply with Paragraph 9 of this Order may be refused. Any transmission direction request made otherwise than in accordance with the directions in Paragraphs 8 and 9 must be made by way of Application Notice.

11. A copy of this Order will be placed on the Judiciary.uk website.

Reasons

A) The Contempt Application needs to be considered at a Directions Hearing. This is a standard phase in the case management of a Contempt Application but, in this case, the Court may need to consider (and resolve), as a preliminary issue, whether the Applicant requires the permission of the Court to bring the Contempt Application. I have therefore fixed a date for the Directions Hearing and given consequent directions to ensure that that hearing will be effective.

B) Although I am satisfied that it is appropriate for me to make this directions order, I will not deal with the Directions Hearing or any substantive hearing of the Contempt Application. The issues raised by the Contempt Application require it to be dealt with by another Judge.

C) I have required the Defendant to attend the Directions Hearing. If, for any reason, he is unable to attend on the date fixed, he must make an Application to the Court in accordance with Paragraph 7 above.

D) The Defendant is likely to be eligible for Legal Aid for the Contempt Application. He is advised to seek legal advice on this, and generally, in relation to the Contempt Application.

E) I have required the Applicant either to effect personal service of this Order on the Defendant or to ensure that he understands that the Court has required his attendance at the Directions Hearing.

F) The Court anticipates that there may be interest from media representatives and members of the public in attending remotely the Directions Hearing. To manage the process, I have provided a straightforward procedure that allows anyone who wishes to attend the hearing remotely to make a transmission direction request by email.

G) The Court will not normally grant a transmission direction request in respect of an applicant who will not be in England & Wales during the Directions Hearing. Anyone making a transmission direction request who will not be in England & Wales should provide information (pursuant to paragraph 9(d) above) as to why it would nevertheless be in the interests of justice to make a transmission direction order in his/her case.

H) Late requests, because they cause disruption to the Court’s work and utilise a disproportionate amount of the Court’s limited resources are likely to be refused, unless there are compelling reasons why the applicant was unable to comply with the Court’s directions. It is therefore important that anyone who wants to attend the Directions Hearing remotely complies with Paragraphs 8-9 above. A failure to do so may mean either that a transmission direction is not made permitting attendance at the Directions Hearing remotely, or that the relevant TD applicant is required to make a separate Application to the Court.

14 June 2024

Notice to the defendant: Your rights

You have the right to be legally represented in the contempt proceedings.

You are entitled to a reasonable opportunity to obtain legal representation and to apply for legal aid which may be available without any means test.

You may be entitled to the services of an interpreter.

You are entitled to a reasonable time to prepare for the hearing of the contempt application against you.

You are entitled but not obliged to give written and oral evidence in your defence.

You have the right to remain silent and may not be compelled to answer any question the answer to which may incriminate you.

If you do not attend the hearing, the court may proceed in your absence. Whether or not you attend, the court will only find you in contempt if satisfied beyond reasonable doubt of the facts constituting contempt and that they do constitute contempt.

If the court is satisfied that you have committed a contempt, the court may punish you by a fine, imprisonment, confiscation of assets or other punishment permitted under the law.

If you admit the contempt and wish to apologise to the court, that is likely to reduce the seriousness of any punishment by the court.

The court’s findings will be provided in writing as soon as practicable after the hearing.

The court will sit in public, unless and to the extent that the court orders otherwise. Its findings will be made public.