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03 March 2011 / Nichola Evans
Issue: 7455 / Categories: Features , Procedure & practice , Human rights
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Under review

Nichola Evans investigates the reign of uncertainty surrounding success fees

While interested parties have been busy preparing their responses to the government Green Paper on civil costs, the courts have themselves been reviewing the question of success fees. Two cases, one decided in the European Court of Human Rights (ECtHR) and the other in the Technology and Construction Court, contain heavy criticism of the current system and pose a number of issues for both claimants and defendants who operate in the “no win, no fee” arena.

MGN v United Kingdom (Case No 39401/04)

This is a case which has already garnered a considerable degree of media attention over the past few years.

The claim dates back to 2001 after the Daily Mirror newspaper revealed that the supermodel Naomi Campbell was receiving treatment for drug abuse. Proceedings were brought by Ms Campbell against the Mirror Group which concerned the primary issue as to whether or not that by publishing its story, MGN Limited breached the privacy of Naomi Campbell.  

In the High Court and in the Court of Appeal Ms Campbell’s solicitors acted

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Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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