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03 March 2011 / Nichola Evans
Issue: 7455 / Categories: Features , Procedure & practice , Human rights
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Under review

Nichola Evans investigates the reign of uncertainty surrounding success fees

While interested parties have been busy preparing their responses to the government Green Paper on civil costs, the courts have themselves been reviewing the question of success fees. Two cases, one decided in the European Court of Human Rights (ECtHR) and the other in the Technology and Construction Court, contain heavy criticism of the current system and pose a number of issues for both claimants and defendants who operate in the “no win, no fee” arena.

MGN v United Kingdom (Case No 39401/04)

This is a case which has already garnered a considerable degree of media attention over the past few years.

The claim dates back to 2001 after the Daily Mirror newspaper revealed that the supermodel Naomi Campbell was receiving treatment for drug abuse. Proceedings were brought by Ms Campbell against the Mirror Group which concerned the primary issue as to whether or not that by publishing its story, MGN Limited breached the privacy of Naomi Campbell.  

In the High Court and

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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