The Weekly Law Reports
[2017] 1 WLR 1415
Supreme Court
*Flood v Times Newspapers Ltd (No 2)
Miller
v
Associated Newspapers Ltd
Frost and others v MGN Ltd (No 2)
[2017] UKSC 33
2017 Jan 24,
25,
26;
April 11
Lord Neuberger of Abbotsbury PSC, Lord Mance, Lord Sumption, Lord Hughes, Lord Hodge JJSC
Costs— Discretion of court— Defamation action— Judge awarding total costs of action to claimant despite newspaper publisher successfully defending majority of claim— Judge starting from position that claimant entitled to costs as winner unless reason to depart from such position— Judge taking account of defendant’s conduct and attitude towards settlement before trial— Whether judge’s approach within ambit of court’s discretion in costs determination— Whether requirement on judge to take account in defamation action of chilling effect of adverse costs order on public interest journalism—
CPR
r 44.2(2)
Costs— Order for costs— Success fees and after the event insurance premiums— Costs regime in place allowing for recovery of success fees and after the event insurance premiums in defamation and privacy actions— Award of damages for libel or breach of privacy against defendant newspaper publishers in three actions— Costs order against defendants in each action including claimants’ additional liabilities by way of success fee and after the event insurance premium— Whether inclusion of additional liabilities in breach of defendants’ Convention rights to freedom of expression— Whether additional liabilities recoverable—
Courts and Legal Services Act 1990 (c 41), s 58A(6) (inserted by Access to Justice Act 1999 (c 22), s 27)
—
Human Rights Act 1998 (c 42), s 8(1), Sch 1, Pt I, art 10, Pt II, art 1
—
Access to Justice Act 1999 (c 22), s 29