Peacock v MGN Ltd

Peacock v MGN Ltd

A staged success fee of 100% is reasonable and recoverable where the Defendant has served a detailed defence indicating a serious contest, and the fee structure allows for lower fees if the case settles earlier. The risk assessment at the time of entering the CFA was justified by the Defendant's stance and the unpredictability of jury trials in libel actions.

Parties
Claimant: Matthew Peacock; Defendant: MGN Ltd
Jurisdiction
England and Wales
Judgment Date
30 July 2010
Procedural Posture
Detailed Assessment of Costs (libel Action) / Judgment on Success Fee During Detailed Assessment
Outcome
Success fee of 100% allowed as claimed.
Legal Topics
Conditional Fee Agreements, Success Fee, Staged Success Fees, Assessment of Costs, Libel, Damages
Defamation Civil Procedure Costs Conditional Fee Agreements Success Fee Staged Success Fees Assessment of Costs Libel +1 more

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Parties

Matthew Peacock

Claimant

MGN Ltd

Defendant

Procedural Posture

Detailed Assessment of Costs (libel Action) / Judgment on Success Fee During Detailed Assessment

Legal Issues

  1. 1 Whether a 100% success fee under a staged CFA is reasonable and recoverable
  2. 2 Appropriate staging of success fees in libel actions
  3. 3 Assessment of risk and reasonableness at the time of entering the CFA

Ratio Decidendi

A staged success fee of 100% is reasonable and recoverable where the Defendant has served a detailed defence indicating a serious contest, and the fee structure allows for lower fees if the case settles earlier. The risk assessment at the time of entering the CFA was justified by the Defendant's stance and the unpredictability of jury trials in libel actions.

Court Disposition

Success fee of 100% allowed as claimed.

Orders

  • Success fees in both CFAs allowed at 100%.
  • If MGN wishes to apply for permission to appeal, written application must be made within 14 days.