The costs regime in place between 1999 and 2013, which could require a losing defendant to pay, in addition to the claimant’s base costs, any success fee and an after the event insurance premium which the claimant had paid as part of a conditional fee arrangement, even though the total costs were far in excess of the value of the claim, was not contrary to a defendant’s rights to a fair trial and to protection of property under article 6 of, and article 1 of the First Protocol to, the European Convention on Human Rights.

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