You are here

Conditional fees in publication proceedings after Times Newspapers v Flood

The Supreme Court’s decision in Flood has not provided the clarity hoped for in relation to future recovery of success fees and ATE premiums, says Steven Heffer

8 May 2017

Last month the Supreme Court heard three appeals involving a challenge to orders for costs made in the High Court against three newspapers after a trial (two libel cases, one for misuse of private information). The newspapers (The Times, the Daily Mail, and the Daily Mirror) argued that their European Convention on Human Rights article 10 rights (freedom of expression) were infringed by the orders requiring them to reimburse the success fees and after the event insurance premiums incurred by the claimants, under the Access to Justice Act 1999 regime.

The judgment in Times Newspapers Ltd v Flood, Miller v Associated Newspapers, and Frost v MGN [2017] UKSC 33 held unanimously (dismissing the appeals) that the claimants had incurred financial obligations in reliance on the 1999 Act and had a legitimate expectation that it would not be r...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.