Cases

Campbell v MGN Ltd (Costs) HL

Comment

The decision itself - that it is a matter for Parliament to structure the CFA regime so as to strike a balance between Article 10 and Article 6 rights - is unremarkable. However, Lord Hoffmann's obiter comments about the particular problems in CFA defamation cases are likely to have wider ramifications. He suggested that the circumstances in Turcu gave rise to a "blackmailing effect" and endorsed the cost-capping proposals put forward by the Court of Appeal in Musa King. However he regarded this as being a mere "palliative" and no answer to the inherent problems for the media of facing CFA cases brought by impecuious Claimants.

Areas of work

Defamation
Human Rights
Media Law
Privacy and Confidence

Also