Miller v Associated Newspapers Ltd [2016] EWHC 397 (QB) (05 February 2016)

Miller v Associated Newspapers Ltd [2016] EWHC 397 (QB) (05 February 2016)

The judge is bound by the House of Lords in Campbell v MGN Limited (No.2) to hold that the scheme for success fees is compatible with Article 10 ECHR, and finds that the ATE premium scheme is also compatible, as it serves a legitimate social purpose and is not a disproportionate interference with freedom of expression.

Citation
[2016] EWHC 397 (QB)
Parties
Claimant/respondent: Andrew James Miller; Defendant/appellant: Associated Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
05 February 2016
Procedural Posture
Defamation / Costs Assessment Following Trial and Appeals
Outcome
Award of additional liabilities (success fees and ATE premium) to the claimant is not incompatible with the defendant's Article 10 rights.
Legal Topics
Defamation, Costs, Conditional Fee Agreements, After the Event Insurance, Article 10 ECHR
Media Law Civil Procedure Human Rights Defamation Costs Conditional Fee Agreements After the Event Insurance Article 10 ECHR

Case Brief

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Parties

Andrew James Miller

Claimant/respondent

Associated Newspapers Limited

Defendant/appellant

Procedural Posture

Defamation / Costs Assessment Following Trial and Appeals

Legal Issues

  1. 1 Whether the award of additional liabilities (success fees and ATE premium) to the claimant is incompatible with the defendant's right of expression under Article 10 ECHR

Ratio Decidendi

The judge is bound by the House of Lords in Campbell v MGN Limited (No.2) to hold that the scheme for success fees is compatible with Article 10 ECHR, and finds that the ATE premium scheme is also compatible, as it serves a legitimate social purpose and is not a disproportionate interference with freedom of expression.

Court Disposition

Award of additional liabilities (success fees and ATE premium) to the claimant is not incompatible with the defendant's Article 10 rights.

Orders

  • Success fees and ATE premium are recoverable by the claimant from the defendant.