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
