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JUDGMENT - Times Newspapers Limited (Appellant) v Flood (Respondent) Miller (Respondent) v Associated Newspapers Limited (Appellant) Frost and others (Respondents) v MGN Limited (Appellant) 

LORD NEUBERGER: (with whom Lord Mance, Lord Sumption, Lord Hughes and Lord Hodge agree)

1. Each of these three appeals involves a challenge to an order for costs made by a High Court judge against a newspaper publisher after a trial. In two of the appeals, Flood v Times Newspapers Ltd and Miller v Associated Newspapers Ltd, the trial involved an allegation that the newspaper had libelled the claimant; in the third appeal, Frost and others v MGN Ltd, the trial involved allegations that the newspaper had unlawfully gathered private information about the claimants by hacking into their phone messages. In each case, the newspaper publisher lost and was ordered to pay the claimants’ costs, and in each case the newspaper publisher contends that the costs order infringes its rights under article 10 of the European Convention on Human Rights. In Flood v TNL, the newspaper publisher also argues that the order for costs made against it was outside the ambit of what a reasonable judge could have decided.

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