Practice Direction No. 3 of 1997, issued on 11 August 1997, sets out the terms under which Chambers’ proceedings must remain confidential or be subject to contempt of court. This Practice Direction is based on section 12 of the English Administration of Justice Act, 1960.

However, publication of Chambers’ proceedings shall not in itself be cause for a contempt of court order. Contempt of court arises in the case of publication contrary to the guidelines set out in this Practice Direction or where the court (having power to do so) expressly prohibits publication.

In accordance with this Practice Direction, publication is prohibited in cases where the proceedings may be expressly held in private for reasons related to the following:

• the wardship or adoption of an infant wholly or mainly with regard to guardianship, custody, maintenance or upbringing, or rights of access to an infant;
• mental health;
• national security;
• a secret process, discovery or invention at issue in a case; and
• where the court may expressly forbid publication of all or specified information in the proceedings.

In litigation involving sensitive commercial or civil matters, this Practice Direction makes provision for parties to apply for an order prohibiting or limiting publication.