Various Claimants v News Group Newspapers Limited

Various Claimants v News Group Newspapers Limited

Hourly rates as claimed are allowed for most fee earners, with minor reductions for certain grades. Counsels’ success fees are not recoverable for claimants who entered into CFAs after 6 April 2019, as the statutory requirements are not met; for pre-6 April 2019 claimants, success fees are recoverable. A two-stage...

Source-derived case information.

Parties
Claimants: Various Claimants; Defendant: News Group Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
04 April 2023
Procedural Posture
Costs Assessment in Group Litigation (publication and Privacy) / Preliminary Issues Judgment on Costs, Hourly Rates, and Success Fees
Outcome
Preliminary issues determined; directions given for detailed assessment of costs in accordance with judgment.
Legal Topics
Conditional Fee Agreements (cfas), Success Fees, Group Litigation, Costs Assessment, Recoverability of Costs, Hourly Rates, Limitation, Disclosure, Settlement Procedures
Civil Procedure Costs Law Media Law Privacy Law Conditional Fee Agreements (cfas) Success Fees Group Litigation Costs Assessment +5 more

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Parties

Various Claimants

Claimants

News Group Newspapers Limited

Defendant

Procedural Posture

Costs Assessment in Group Litigation (publication and Privacy) / Preliminary Issues Judgment on Costs, Hourly Rates, and Success Fees

Legal Issues

  1. 1 What hourly rates are recoverable for fee earners in the MTVIL group litigation?
  2. 2 Are counsels’ success fees recoverable for claimants who entered into CFAs after 6 April 2019?
  3. 3 What is the appropriate quantum and staging of solicitors’ and counsels’ success fees?

Ratio Decidendi

Hourly rates as claimed are allowed for most fee earners, with minor reductions for certain grades. Counsels’ success fees are not recoverable for claimants who entered into CFAs after 6 April 2019, as the statutory requirements are not met; for pre-6 April 2019 claimants, success fees are recoverable. A two-stage success fee structure is appropriate: 100% for cases settling more than 28 days after the claimant’s without prejudice valuation, and 25–35% (depending on the CFA) for earlier settlement. No notification breach occurred requiring relief from sanction, but relief would have been granted if necessary.

Court Disposition

Preliminary issues determined; directions given for detailed assessment of costs in accordance with judgment.

Orders

  • Hourly rates allowed as claimed except for Mr Canty (reduced to £460/hour) and Grade B fee earners (reduced to £350/hour).
  • Counsels’ success fees disallowed for claimants with CFAs entered after 6 April 2019; allowed for pre-6 April 2019 claimants.