Cases

Tierney v News Group Newspapers Ltd

Comment

This is the first costs cap imposed by a High Court Judge and the first to be supported by a reasoned judgment. Interestingly, McCombe J. very much interpreted the obiter judgment of Brooke LJ in Musa King as establishing that where a defamation claimant is impecunious, is funded by a CFA and does not have ATE insurance, there will almost be a presumption that a costs cap be imposed. Although the Judge did not accept the suggestion that the costs cap should be fixed by a costs judge sitting with a High Court judge, there is much to be said for such a proposal. Costs judges are unlikely to be familiar with the sort of work that particular issues in defamation cases will require. If active case management means anything under the CPR, then it has to be carried out by Judges with experience of the subject matter. Given their increasing importance, the same must be said about costs caps.

Areas of work

Defamation
Media Law

Also