Cases

Campbell v MGN Ltd (Costs) HL

Held

(1) Parliament had decided that CFAs with success fees were permissible. That was a policy based decision to impose liability on losing Defendants in order to facilitate wider access to justice by other litigants; (2) in relation to the issue of proportionality, the issue was not whether the costs in the instant case were disproportionate to the sum at issue, but whether the legislative framework of CFAs which, through success fees, required losing Defendants to contribute to the funding of other litigation, was a proportionate measure to provide those other litigants with access to justice, having regard to its effect on the article 10 right to freedom of expression. The scheme under which such liability is imposed was a choice open to Parliament; (3) this funding regime did not become disproportionate if used by wealthy litigants and there was nothing that required a solicitor to inquire as to means prior to agreeing to act on a CFA.

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