8 Representative Claimants & Ors v MGN Ltd [2016] EWHC 855 (Ch) (19 April 2016)

8 Representative Claimants & Ors v MGN Ltd [2016] EWHC 855 (Ch) (19 April 2016)

The English legislative regime permitting recovery of CFA uplifts and ATE premiums in privacy cases is not incompatible with Article 10 ECHR, as binding House of Lords authority prevails 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 recovery.

Citation
[2016] EWHC 855 (Ch)
Parties
Claimants: 8 Representative Claimants & Others; Defendant: MGN Limited
Jurisdiction
England and Wales
Judgment Date
19 April 2016
Procedural Posture
Privacy Litigation (costs Application) / Post Trial Costs Application; Determination of Compatibility of CFA Regime With Article 10 ECHR
Outcome
Application by claimants granted in part; declaration that recovery of additional liabilities is not incompatible with Article 10 ECHR; defendant estopped from challenging uplift in eight decided cases.
Legal Topics
Conditional Fee Agreements (cfas), ATE Insurance Premiums, Article 10 ECHR, Costs Recovery, Estoppel, Precedent
Civil Procedure Human Rights Media Law Conditional Fee Agreements (cfas) ATE Insurance Premiums Article 10 ECHR Costs Recovery Estoppel +1 more

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Parties

8 Representative Claimants & Others

Claimants

MGN Limited

Defendant

Procedural Posture

Privacy Litigation (costs Application) / Post Trial Costs Application; Determination of Compatibility of CFA Regime With Article 10 ECHR

Legal Issues

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

Ratio Decidendi

The English legislative regime permitting recovery of CFA uplifts and ATE premiums in privacy cases is not incompatible with Article 10 ECHR, as binding House of Lords authority prevails 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 recovery.

Court Disposition

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

Orders

  • Declaration that recovery of CFA uplifts and ATE premiums is not incompatible with Article 10 ECHR in these cases.
  • Defendant estopped from challenging uplift in eight decided cases.