Conditional Fee Agreements – Campbell v MGN (November 2005, Jeremy Morgan QC)

Conditional Fee Agreements – Campbell v MGN (November 2005, Jeremy Morgan QC)


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This article was originally published in the Law Society Gazette in November 2005.

“Costs issues rarely come before the House of Lords, especially when they relate to conditional fee agreements (CFAs). In Callery v Gray [2002] 1 WLR 2000 the Lords gave leave to appeal, only to decide that they should not intervene after all as the responsibility for developing practice in the field lay with the Court of Appeal.

The Naomi Campbell case, however, came before the Lords effectively as a preliminary issue in the detailed assessment of the costs awarded to Ms Campbell after a three-to-two victory in her substantive appeal. The costs decision did not pursue the usual route through the hierarchy of courts but was decided by the Lords as a court of first instance. It was considered by a panel of five Law Lords in view of the important question it raised…”


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