BNM v Mirror Group Newspapers Ltd [2016] EWHC B1 (Costs) (11 January 2016)

Following binding precedent in Campbell v MGN, recovery of reasonable success fees and ATE insurance premium in publication and privacy proceedings does not violate Article 10 ECHR rights of publisher; statutory regime permits such recovery and is not incompatible with Convention rights.

Citation: [2016] EWHC B1 (Costs)
Parties: Claimant: BNM; Defendant: Mirror Group Newspapers Limited
Jurisdiction: England and Wales
Judgment Date: 11 January 2016
Procedural Posture: Costs Assessment / Post Judgment, Detailed Assessment
Outcome: Success fees and ATE insurance premium allowed as claimed, subject to percentage reduction on success fees.
Legal Topics: Recoverability of Success Fees, Recoverability of ATE Insurance Premiums, Article 10 ECHR, Human Rights Act 1998, Costs in Publication and Privacy Proceedings

Media Law Privacy Law Civil Procedure Recoverability of Success Fees Recoverability of ATE Insurance Premiums Article 10 ECHR Human Rights Act 1998 Costs in Publication and Privacy Proceedings

Case Brief

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Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 5

Parties

BNM

Claimant

Mirror Group Newspapers Limited

Defendant

Procedural Posture

Costs Assessment / Post Judgment, Detailed Assessment

Legal Issues

1 Whether recovery of success fees and ATE insurance premiums in costs order infringes Article 10 ECHR rights of publisher
2 Compatibility of domestic costs regime with ECHR and HRA obligations

Ratio Decidendi

Court Disposition

Success fees and ATE insurance premium allowed as claimed, subject to percentage reduction on success fees.

Orders

Success fees allowed at 33 per cent for solicitors and counsel.
After the event insurance premium allowed in full as claimed.