The Supreme Court decision in Flood, Miller and Frost: a claimant lawyer’s perspective – Nigel Tait

14 04 2017

There is an old saying that when a woman is forced to choose between two men, she opts for the third, and so it is with the Supreme Court’s decision in Times Newspapers Ltd v Flood, Miller v Associated Newspapers Ltd, and Frost and others v MGN Ltd [2017] UKSC 33. Read the rest of this entry »





The Supreme Court decision in Flood, Miller and Frost: a response to Keith Mathieson from a lawyer who acts for both claimants and defendants – Jonathan Coad

13 04 2017

In his piece on Inforrm yesterday, Keith Mathieson begins by describing the use of CFAs in cases against the media as a “scandal”. Evidently the Supreme Court did not agree with him – unanimously. One of the titles for whom he acts has already described judges with whom they disagree as “Enemies of the people”, so I suppose the judges can count themselves lucky not to have been attacked in similar terms. Read the rest of this entry »





The Supreme Court decision in Flood, Miller and Frost: a defence lawyer’s perspective – Keith Mathieson

12 04 2017

The use of CFAs in cases against the media had become a scandal long before this appeal was heard.  A mechanism intended to provide access to justice had become a gravy train for claimant lawyers.  As claimant lawyers know, the mere threat of a CFA and ATE insurance could be used to bulldoze a media company into submission. Read the rest of this entry »





CFAs and ATE premiums out of the running in freedom of expression cases – Nicola Cain

11 04 2017

In the case of Times Newspapers Ltd v Flood; Miller v Associated Newspapers Ltd; and, Frost and others v MGN Ltd ([2017] UKSC 33), the defendant media organisations each brought an appeal to the Supreme Court in relation to the obligation that they pay additional liabilities in cases engaging their right to freedom of expression. Read the rest of this entry »





News: Supreme Court dismisses newspapers’ Article 10 CFA appeals

11 04 2017

In a unanimous judgment ([2017] UKSC 33) handed down today the UK Supreme Court dismissed the appeals by Times Newspapers, Associated Newspapers and MGN against orders that they pay success fees and after the event insurance premiums (“additional liabilities”) under conditional fee agreements (“CFAs”) in libel and privacy claims. Read the rest of this entry »





Trump’s ‘war with the media’ means modern democracies need independent courts more than ever – Nani Jansen Reventlow, Jonathan McCully and Catherine Anite

7 04 2017

Small handscrowd size, and now Nordstrom snubs—nothing seems to upset President Trump more than media coverage that reflects badly on his personal brand, and no slight is too small to provoke a reaction. Read the rest of this entry »





News: Stocker v Stocker, Defendant given permission to appeal in Facebook libel case

6 04 2017

On 5 April 2017, Lady Justice Arden gave Nicola Stocker permission to appeal the judgment of Mr Justice Mitting dated 3 March 2016 ([2016] EWHC 474 (QB)). Read the rest of this entry »