Colin Campbell’s analysis of the costs implications of Prince Harry’s privacy case featured widely across the press
Colin Campbell, Consultant at Kain Knight, has commented in The Times, the New York Post, Page Six, Business Matters, New Law Journal, Insurance Business and the International Business Times following the High Court’s judgment in Baroness Lawrence and others v Associated Newspapers Limited.
Colin commented on the potential costs implications arising from the judgment, including the possibility of Associated Newspapers seeking indemnity costs, the role of after-the-event insurance, and the next steps as the litigation moves into the costs phase.
Colin was invited to provide his expert opinion for three separate pieces in The Times in relation to this high-profile judgment.
“The litigation is not yet over. Associated Newspapers has already made clear that it intends to seek to recover the legal costs it has incurred defending these claims. Given that the litigation has lasted for several years and Associated Newspapers says more than £50 million has been spent on legal costs, the financial consequences could now become almost as significant as the judgment itself.“
“It would be no surprise if Associated Newspapers sought to recover its costs on the indemnity basis, a more favourable form of costs order that is reserved for cases where the court considers a party’s conduct has fallen outside the norm. If granted, it would make it easier for ANL to recover a substantially greater proportion of its legal costs because it would not have to satisfy the court that those costs were proportionate and necessary, only that they were reasonably incurred. In litigation of this scale, the difference could amount to a significant amount of money.”
“One important unanswered question is whether the claimants have after-the-event insurance in place, which is commonly used in high-value litigation to cover some or all of the legal costs a claimant may be ordered to pay if they lose. That is not currently known publicly, but it could become a significant issue as the proceedings move into the costs phase.“
Colin’s comments in The Times can be found in print and online here, here and here. The New York Post article was published in print. His Business Matters, New Law Journal, Insurance Business, Page Six and International Business Times comments can be found on their respective websites.
