Case Law: Flood v Times Newspapers, CFA appeals dismissed, future of the scheme left open – Aidan Wills

20 04 2017

On 11 April 2017 the Supreme Court unanimously dismissed three appeals brought by media organisations challenging the article 10 ECHR compliance of the recovery of additional liabilities (CFA success fees and ATE insurance premiums) from defendants in ‘publication cases.’ ([2017] UKSC 33). 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 »





News: Supreme Court to give judgment on Article 10 CFA challenge on 11 April 2017

6 04 2017

The Supreme Court has announced that judgment will be handed down in the cases of Times Newspapers v Flood, Frost v MGN and Miller v Associated Newspapers at 9.45 am on Tuesday 11 April 2017. Read the rest of this entry »





Case Preview: Times Newspapers Limited v Flood; Frost and others v MGN Limited; Miller v Associated Newspapers Limited – Aidan Wills

26 01 2017

510-supreme-court-1The Supreme Court is currently hearing three joined appeals brought by media organisations challenging the Convention compatibility of the recoverability of conditional fee agreement (CFA) success fees/uplift and after the event (ATE) insurance premiums (“additional liabilities”) in libel and privacy claims. Read the rest of this entry »





News: Supreme Court gives permission to appeal in Mirror phone hacking costs case

27 10 2016

510-supreme-court-1On 26 October 2016, the Supreme Court (Lords Mance, Reed and Toulson) gave Mirror Group Newspapers permission to appeal against a decision of Mann J on costs and CFAs. Read the rest of this entry »





News: Supreme Court CFA appeals to be heard over 3 days in January 2017

4 10 2016

uksccrest2_400x400The joined appeals in Flood v Times Newspapers and Miller v Associated Newspapers in which the press arguing that CFA success fees and ATE insurance are contrary to Article 10 have been listed for a three day hearing on 24, 25 and 26 January 2017. Read the rest of this entry »





Another one-eyed fable from the corporate press – Brian Cathcart

24 05 2016

NewspapersThe corporate papers that are determined to resist Leveson-based reform are currently playing what they evidently consider to be their strongest card, and it is this: “If the changes are implemented as promised, a publication that is sued for libel and wins its case will be forced to pay the costs of the losing side”. Read the rest of this entry »