Cases

Matadeen v Associated Newspapers Ltd


Facts

The Claimant brought a libel action against the Defendant for articles published in the Evening Standard in 2002 about the standards of care in a nursing home of which she was the proprietor. The Defendant pleaded justification and fair comment. The Claimant was represented on a CFA and unable to obtain ATE. At the allocation stage, the Claimant estimated her costs to trial at more than £558,000 before additional liability. The Defendant applied to the Master at the CMC for an Order that the case be referred to a costs judge to set a limit to the costs recoverable by the Claimant, including additional liability, if she succeeded (a ‘costs-capping order’).

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