Flood v Times Newspapers Ltd (No 2)

Subject Matter

DEFAMATION — Damages for libel — Assessment — Defendant publishing article alleging claimant guilty of corruption — Investigation clearing claimant of alleged wrongdoing — Defendant pursuing defence of justification until late stage — Assessment of damages due to claimant

[2013] EWHC 4075 (QB); [2013] CN 1987, QBD

COSTS — Damages — Discretion — Claimant bringing libel proceedings against defendant — Claimant awarded damages and entire costs of action — Whether judge exceeding wide ambit of discretion

[2014] EWCA Civ 1574; [2014] CN 2134, CA

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)

[2017] UKSC 33; [2017] 1 WLR 1415; [2017] 4 All ER 733; [2017] WLR (D) 273; Case details, SC(E)

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

[2017] UKSC 33; [2017] 1 WLR 1415; [2017] 4 All ER 733; [2017] WLR (D) 273; Case details, SC(E)

Appellate History