Court followed House of Lords in holding that recovery of costs pursuant to a CFA arrangement in privacy claims was not contrary to ECHR, art 10


Re: 8 Representative Claimants & Ors v MGN Limited [2016] EWHC 855 (Ch)

Whether recovery of success fees and ATE insurance premiums in privacy cases was contrary to ECHR, art 10. The court followed the ruling of the House of Lords in Campbell, holding that the CFA arrangement did not contravene the ECHR. However, it noted the contrary view expressed by the ECtHR, and suggested that a leapfrog appeal to the Supreme Court may be permitted.

Hugh Tomlinson QC and Gavin Millar QC were involved in this case.