The applicant publisher said that the finding against it of breach of confidence and the system of success fees infringed it Article 10 rights to freedom of speech. It had published an article about a model’s attendance at Narcotics anonymous meetings. Held: The finding of a breach of confidence against the applicant amounted to an … Continue reading MGN Limited v United Kingdom: ECHR 18 Jan 2011
The appellants challenged the compatibility with the European Convention on Human Rights of the system for recovery of costs in civil litigation in England and Wales following the passing of the Access to Justice Act 1999. The parties had been involved in very substantial litigation over an alleged nuisance. The claimants’ lawyers had acted under … Continue reading Coventry and Others v Lawrence and Another: SC 22 Jul 2015
The defendant sought to appeal against orders for him to pay to his former solicitors sums for litigation undertaken by them under conditional fee agreements. Judges: Pill, Wilson, Richards LJJ Citations: [2010] EWCA Civ 332, [2010] 4 Costs LR 584 Links: Bailii Statutes: Conditional Fee Agreements Regulations 2000 (S.I.2000/692) Jurisdiction: England and Wales Legal Professions, … Continue reading Silvera v Bray Walker Solicitors (A Firm) and Another: CA 29 Mar 2010
A large number of plaintiffs brought actions against the defendants, three tobacco companies, claiming damages for personal injuries by reason of cancer which they claimed was caused by smoking cigarettes manufactured by the defendants. A hearing for directions was heard ‘in chambers’ and an issue arose as to what the parties could say about that … Continue reading Hodgson and others v Imperial Tobacco Limited Gallagher Limited etc: CA 12 Feb 1998
The claimant had pursued the case under a collective conditional fee agreement, organised by her trade union. The defendant challenged an order for payment of the costs, arguing that under the indemnity principle, the claimant would be under no duty to pay costs, and that therefore there he was denied her claim by the indemnity … Continue reading Thornley v Lang: CA 29 Oct 2003
Six appeals concerned a number of aspects of the new Conditional Fee Agreement. Held: It should be normal for a CFA, redacted as necessary, to be disclosed for costs proceedings where a success fee is claimed. If a party seeks to rely on the CFA, as a matter of fairness she should ordinarily be put … Continue reading Hollins v Russell etc: CA 22 May 2003
(Practice Note) The solicitor appealed an order which made the success fee payable different at different stages of the court action. Held: The court had no power to make such an order. To the extent that the CPR might suggest otherwise they were wrong. ‘a practice direction has no legislative force. Practice directions provide invaluable … Continue reading KU (A Child) v Liverpool City Council: CA 27 Apr 2005
PC (New Zealand) Costs were sought against a non-party, following an earlier determination by the Board. Held: Jurisdiction to make such an order was not complete. Where the order sought was against a non-party (and, indeed, the first such order to be sought in the proceedings), it is supplemental to the judgment already pronounced and … Continue reading Dymocks Franchise Systems (NSW) Pty Ltd v Todd and others (No. 2): PC 21 Jul 2004
The claimant sought damages in defamation saying that the defendants had published a web page which falsely associated her with a terrorist gang in the 1970s. The defendants now sought a strike out of her claim as an abuse saying that a similar action by her had already been struck out applying Jameel. The defendant … Continue reading Kaschke v Gray and Another: QBD 23 Jul 2010
Forbes J considered the principles to be applied when considering the award of interest on damages between the date of the loss and the judgment: ‘Despite the way in which Lord Herschell LC in London, Chatham and Dover Railway Co v South Eastern Railway Co [1893] AC 429 at 437 stated the principle governing the … Continue reading Tate and Lyle Food Distribution Ltd v Greater London Council: 1981
The appellant sought to challenge the level of costs sought by the claimant after she had succeeded in her appeal to the House. Though a relatively small sum had been awarded, the costs and success fee were very substantial. The newspaper claimed that the costs claimed infringed its right to freedom of expression. Held: The … Continue reading Campbell v MGN Ltd (No 2): HL 20 Oct 2005
The parties had engaged in a bitter 95 day trial in which allegations of forgery, theft, false accounting, blackmail and arson. A company owning patents and other rights had become insolvent, and the real concern was the destination and ownership of . .
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