Application about costs which raises an important point about the applicability of normal conditional fee agreement provisions to privacy litigation generally. Although the application has technically been made by the claimants, the real point which arises is one raised by the defendant, which is whether the defendant newspaper publisher is right to say that the current CFA legislation, which permits the recovery of an uplift and ATE insurance premium is incompatible with Article 10 of the European Convention on Human Rights.
Held: The English legislative regime which permits the recovery of the additional liabilities is not incompatible with Article 10 of the Convention.
Mann J
[2016] EWHC 855 (Ch), [2016] WLR(D) 195
Bailii, WLRD
European Convention on Human Rights 10
England and Wales
Cited by:
Appeal from – Times Newspapers Ltd and Others v Flood and Others SC 11-Apr-2017
Three newspaper publishers, having lost defamation cases, challenged the levels of costs awarded against them, saying that the levels infringed their own rights of free speech.
Held: Each of the three appeals was dismissed. . .
Lists of cited by and citing cases may be incomplete.
Human Rights, Costs, Media
Updated: 11 November 2021; Ref: scu.562456