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Peacock v MGN Ltd
Comment
This is the first case to address the new rules on cost capping which came into force on 6 April 2009. The judge made clear that, were it not for the new rules, he would have been strongly inclined to order a costs cap and specifically would have excluded the costs of instructing leading counsel. He referred to the government’s consultation paper on controlling costs in defamation cases, which proposes changes to the new rules in defamation cases including the mandatory application of costs caps, and said that we are moving inexorably towards some form of restriction on the costs incurred in libel cases.