Peacock v MGN Ltd [2010] EWHC 90174 (Costs) (30 July 2010)
A 100% success fee under a staged CFA is reasonable and recoverable where the case proceeds beyond early settlement, the defendant maintains a serious defence, and the risk at the time of entering the CFA justifies the fee. The staged structure aligns with legal guidance and the facts of the case.
- Citation
- [2010] EWHC 90174 (Costs)
- Parties
- Claimant: Matthew Peacock; Defendant: MGN Ltd
- Jurisdiction
- England and Wales
- Judgment Date
- 30 July 2010
- Procedural Posture
- Detailed Assessment of Costs in Libel Action / Post Settlement, Detailed Assessment of Costs
- Outcome
- Success fee as claimed allowed; costs assessment in claimant's favour.
- Legal Topics
- Libel, Conditional Fee Agreements, Success Fees, Costs Assessment
Case Brief
Summary, issues, holding and outcome
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Parties
Matthew Peacock
Claimant
MGN Ltd
Defendant
Procedural Posture
Detailed Assessment of Costs in Libel Action / Post Settlement, Detailed Assessment of Costs
Legal Issues
- 1 Whether a 100% success fee under a staged CFA is reasonable and recoverable in this libel action
Ratio Decidendi
A 100% success fee under a staged CFA is reasonable and recoverable where the case proceeds beyond early settlement, the defendant maintains a serious defence, and the risk at the time of entering the CFA justifies the fee. The staged structure aligns with legal guidance and the facts of the case.
Court Disposition
Success fee as claimed allowed; costs assessment in claimant's favour.
Orders
- 100% success fee under both CFAs allowed as claimed.
- If MGN wishes to apply for permission to appeal, a written application must be made within 14 days.
Full Case Text
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