Success Fees, Naomi Campbell & The European Court of Human Rights
18th January, 2011
Daniel Morris
You couldn't make it up.
The European Court of Human Rights has ruled that The Mirror's right to freedom of expression was violated by the 100% success fee that Naomi Campbell's lawyers were awarded following her 2004 breach of privacy claim. The Mirror had originally written a story about the Supermodel's alleged drug addiction (I am choosing my words very carefully here).
What does this mean? Well bizarrely for starters, The Mirror can seek compensation from the Government (so that means us) for the 'violation' plus no doubt some serious legal fees (I wonder if there is a success fee there as well?).
Next of course, this adds fuel to the fire that is Lord Jackson's report and his proposal to cap success fees at 25% of damages. This is going to happen - the Government can't afford to be in breach of the ECHR but libel claims or privacy claims are very different from personal injury claims so is it right to apply a broad brush approach? We don't think so. If you agree - get your submission in to the Ministry of Justice before 14th February.
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