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COSTS: In the dock: success fees, ATE premiums and the Human Rights Act

05 December 2014  

Rebecca Andrews-Walker and Clare Arthurs assess the impact of Coventry v Lawrence

Just as the dust was beginning to settle from the changes to funding and recoverability of costs ushered in by the Jackson Reforms, the Supreme Court has agreed to hear a challenge to the costs regime which they superseded. In essence, the argument in Coventry v Lawrence [2014] is that the requirement that the losing party pay any success fee or ATE premium incurred by the successful party is an infringement of their rights under the European Convention of Human Rights (the Convention). The ramifications of such a finding are potentially huge and, for the government, expensive.

Additional Info

  • Case(s) Referenced:

    Coventry & ors v Lawrence & anor [2014] UKSC 46