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Newspaper’s challenge to success fees and ATE premium

04/02/2016

James Laughland, on instructions from Simons, Muirhead & Burton, and being led by William McCormick QC of Ely Place Chambers, today appears before Mr Justice Mitting

James Laughland, on instructions from Simons, Muirhead & Burton, and being led by William McCormick QC of Ely Place Chambers, today appears before Mr Justice Mitting on an issue arising in a detailed assessment referred from the Senior Costs Judge to a High Court Judge for determination. They are resisting Associated Newspapers’ argument that it would be contrary to the paper’s Article 10 rights for it to be required to pay the additional liabilities incurred by the Claimant, Andrew Millar, who was successful both at trial and on appeal in his defamation action against the Daily Mail. The newspaper relies on the ECtHR’s judgment in MGN Ltd v UK whilst the Claimant argues that Campbell v MGN Ltd (No. 2) remains both good law and binding.

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