Cases

Hamilton v Al Fayed (No 2)

Facts

Mr Hamilton was a former Member of Parliament who brought proceedings for libel against Mr Al Fayed over allegations broadcast on television that he took cash in return for asking questions in the House of Commons. Mr Hamilton lost his libel action before Morland J and a jury on 20 December 1999. He had been able to pursue his libel action because of a fighting fund to which a number of individuals had contributed. After the jury's verdict in the libel action, Mr Hamilton was ordered to pay costs to Mr Al Fayed. He was also ordered to pay costs of his failed application to the Court of Appeal (Lord Phillips MR, Sedley and Hale LJJ) [2001] EMLR 394 for permission to appeal against the jury's verdict. Mr Hamilton was bankrupted leaving £1.19m of the assessed costs unpaid. In these proceedings Mr Al Fayed attempted to recover his unpaid costs from members of the fighting fund invoking section 51 of the Supreme Court Act 1981. Before the hearing, several of the contributors settled with M

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