8 Representative Claimants & Ors v MGN Ltd

8 Representative Claimants & Ors v MGN Ltd

The English legislative regime permitting recovery of CFA uplifts and ATE insurance premiums in privacy cases is not incompatible with Article 10 ECHR, as binding House of Lords authority must be followed over the contrary ECHR decision. Additionally, the defendant is estopped from challenging the uplift in the eight decided cases due to its prior reliance on the availability of such uplifts to resist a damages increase.

Parties
Claimants: 8 Representative Claimants & Others; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2016
Procedural Posture
Civil / Post Trial Application on Costs
Outcome
Application granted in part; declaration that recovery of additional liabilities is not incompatible with Article 10; defendant estopped from challenging uplift in eight decided cases.
Legal Topics
Conditional Fee Agreements, Costs Recovery, Article 10 ECHR, Privacy, ATE Insurance Premiums, Estoppel
Civil Procedure Human Rights Media Law Conditional Fee Agreements Costs Recovery Article 10 ECHR Privacy ATE Insurance Premiums +1 more

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Parties

8 Representative Claimants & Others

Claimants

MGN Limited

Defendant

Procedural Posture

Civil / Post Trial Application on Costs

Legal Issues

  1. 1 Whether the recovery of CFA uplifts and ATE insurance premiums in privacy litigation is incompatible with Article 10 of the European Convention on Human Rights
  2. 2 Whether the defendant is estopped from challenging the recovery of CFA uplifts in the eight decided cases

Ratio Decidendi

The English legislative regime permitting recovery of CFA uplifts and ATE insurance premiums in privacy cases is not incompatible with Article 10 ECHR, as binding House of Lords authority must be followed over the contrary ECHR decision. Additionally, the defendant is estopped from challenging the uplift in the eight decided cases due to its prior reliance on the availability of such uplifts to resist a damages increase.

Court Disposition

Application granted in part; declaration that recovery of additional liabilities is not incompatible with Article 10; defendant estopped from challenging uplift in eight decided cases.

Orders

  • Declaration that the recovery of additional liabilities (CFA uplifts and ATE premiums) in these cases does not contravene Article 10 ECHR.
  • Defendant estopped from challenging the uplift in the eight decided cases.