Cases

Peacock v MGN Ltd

Facts

The Claimant sued for libel in respect of allegations of domestic violence made by his former wife in an article in the Defendant’s newspaper. His case was funded under a CFA with ATE insurance. The Defendant applied for an order that there be a costs cap which would exclude provision for the cost of instructing leading counsel at any stage. The Defendant argued that unless the costs were capped there was a realistic possibility that, if it lost at trial, it would be faced with a costs liability (not including its own costs) of around £800,000 taking into account CFA uplift, ATE premiums and VAT. The Claimant opposed the application on the basis that new rules relating to cost capping applied and there were no exceptional circumstances in this case to justify making an order.

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