Imposing success fee and ATE premium costs on defendants in defamation proceedings not contrary to ECHR, art 10


Re: Miller v Associated Newspapers Ltd [2016] EWHC 397 (QB)

The court was required to determine the defendant publisher’s liability to pay success fees and after the event insurance premiums as part of a costs award. Held: the costs order was not incompatible with ECHR, art 10, despite Strasbourg jurisprudence holding that an award of success fees breached such rights. Save in exceptional circumstances, the Court was bound to follow the House of Lords/Supreme Court, and should therefore hold that awarding success fees was compatible with Convention rights.

Gavin Millar QC was involved in this case.