Britain's Conditional Fee Arrangements Under Scrutiny
European Court of Human Rights says success fees violate freedom of expression.
March 31, 2011 at 08:00 PM
6 minute read
A decade ago, the U.K.'s Daily Mirror newspaper published a front-page photograph of supermodel Naomi Campbell outside a Narcotics Anonymous meeting with the headline, “Naomi: I am a drug addict.”
Campbell felt her privacy had been invaded and sued the newspaper's parent company. In 2004, the dispute reached the House of Lords, which upheld judgment in the celebrity's favor. The breach of privacy ruling included a “loser pays” provision–a six-figure success fee on top of the damages.
The media company appealed the verdict and its massive success fee to the European Court of Human Rights (ECHR). On Jan. 18, 2011, the tribunal ruled on Mirror Group Newspapers (MGN) v. United Kingdom, adding an important element to an escalating debate about legal costs in the U.K.
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