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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

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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