Supreme Court holds publishers must pay their opponents’ success fees & ATE insurance.

The Supreme Court has unanimously rejected an attempt by newspaper publishers to contest adverse costs orders on the basis they breached their Art 10 freedom of expression.

In each of three conjoined cases, Times Newspapers & Ors v Flood & Ors[2017] UKSC 33, the publisher had lost either a libel trial—Times Newspapers and Associated Newspapers—or a phone hacking case—MGN—and been ordered to pay the claimant’s costs. The publishers argued that they should not have to pay their opponent’s success fees and after-the-event (ATE) insurance as to do so would breach their Art 10 rights.

Nick Neocleous, who acted for police officer Gary Flood in the case, comments in this New law Journal article. Please click here to read the full article.

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