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Elle Macpherson adviser drops News of the World phone-hacking claim Elle Macpherson adviser drops News of the World phone-hacking claim
(4 months later)
Elle Macpherson's former adviser Mary-Ellen Field has dropped her News of the World phone-hacking claim against News International, bringing a two-year battle with the publisher to an end that could ruin her financially.Elle Macpherson's former adviser Mary-Ellen Field has dropped her News of the World phone-hacking claim against News International, bringing a two-year battle with the publisher to an end that could ruin her financially.
Augustus Ullstein QC, representing Field, told the high court in London on Friday that she had no choice but to discontinue the case because of lack of evidence to support her case that the now defunct News of the World had hacked her phone.Augustus Ullstein QC, representing Field, told the high court in London on Friday that she had no choice but to discontinue the case because of lack of evidence to support her case that the now defunct News of the World had hacked her phone.
"My client has come to the conclusion in the light of the evidence shown to be available … she has no alternative but to discontinue the claim," Ullstein said."My client has come to the conclusion in the light of the evidence shown to be available … she has no alternative but to discontinue the claim," Ullstein said.
Field and her legal team made the decision on Tuesday, five months after News International applied to have her case, lodged in March 2011, struck out, dismissing the claims by Macpherson's former manager as "fantasy" and "fiction".Field and her legal team made the decision on Tuesday, five months after News International applied to have her case, lodged in March 2011, struck out, dismissing the claims by Macpherson's former manager as "fantasy" and "fiction".
Field told the Guardian she was not taken the decision lightly and would reserve the right to reactivate her claim if evidence emerged.Field told the Guardian she was not taken the decision lightly and would reserve the right to reactivate her claim if evidence emerged.
"My family and I have the right to know why unfounded accusations were made against me in 2005 not only to my husband and I but to my clients and colleagues and the Meadows in Arizona," she said. "In court last October News International admitted that they had destroyed evidence. It is extremely disappointing that Elle Macpherson has refused to help the court.""My family and I have the right to know why unfounded accusations were made against me in 2005 not only to my husband and I but to my clients and colleagues and the Meadows in Arizona," she said. "In court last October News International admitted that they had destroyed evidence. It is extremely disappointing that Elle Macpherson has refused to help the court."
Field faces a legal bill which is expected to run to hundreds of thousands of pounds.Field faces a legal bill which is expected to run to hundreds of thousands of pounds.
News International said it would not pursue her for indemnity costs, which cover around 80% of the total legal bill. However, her lawyer, Mark Lewis, said basic costs, which generally amount to 60% to 65% of the total, are automatically awarded against her.News International said it would not pursue her for indemnity costs, which cover around 80% of the total legal bill. However, her lawyer, Mark Lewis, said basic costs, which generally amount to 60% to 65% of the total, are automatically awarded against her.
The publisher seized the opportunity to denounce Field's claim, telling the high court there was never any evidence her voicemail had been intercepted or that she had been sacked by Macpherson because of phone hacking.The publisher seized the opportunity to denounce Field's claim, telling the high court there was never any evidence her voicemail had been intercepted or that she had been sacked by Macpherson because of phone hacking.
Dinah Rose QC, for News International, said: "There has never been any evidence at all that News Group Newspapers [the News International subsidiary that published the News of the World] hacked the claimant's telephone or hacked any other phone on which she had left a message or that NGN ever interfered at all in any way with her private information.Dinah Rose QC, for News International, said: "There has never been any evidence at all that News Group Newspapers [the News International subsidiary that published the News of the World] hacked the claimant's telephone or hacked any other phone on which she had left a message or that NGN ever interfered at all in any way with her private information.
"Neither has there every been any evidence the breakdown in her relationship with Elle Macpherson was the result of any conduct on the part of News Group Newspapers.""Neither has there every been any evidence the breakdown in her relationship with Elle Macpherson was the result of any conduct on the part of News Group Newspapers."
Field's case was one of the most high profile of the phone-hacking scandal. She had claimed her career was destroyed after Macpherson suspected her of leaking stories to the press and eventually dropped her as adviser, but Field was convinced her phone or messages she had left on the model's phone regarding work engagements and other private matters had been intercepted by the News of the World.Field's case was one of the most high profile of the phone-hacking scandal. She had claimed her career was destroyed after Macpherson suspected her of leaking stories to the press and eventually dropped her as adviser, but Field was convinced her phone or messages she had left on the model's phone regarding work engagements and other private matters had been intercepted by the News of the World.
Lord Justice Leveson described the destruction of her career as the "collateral damage" of the phone-hacking scandal.Lord Justice Leveson described the destruction of her career as the "collateral damage" of the phone-hacking scandal.
Rose said: "NGN has incurred very substantial costs as a result of the claimant's actions. It is an automatic consequence of her decision … In the normal course of events, given what has transpired in this case, NGN would make an application for indemnity costs against the claimant. However, we are conscious that she is a private individual of limited means. We also understand from the group register that she has no ATE insurance. In these circumstances, NGN will not be making any such application."Rose said: "NGN has incurred very substantial costs as a result of the claimant's actions. It is an automatic consequence of her decision … In the normal course of events, given what has transpired in this case, NGN would make an application for indemnity costs against the claimant. However, we are conscious that she is a private individual of limited means. We also understand from the group register that she has no ATE insurance. In these circumstances, NGN will not be making any such application."
Sources at News International hint they may not pursue Field for costs at all, saying the decision whether to pursue Field for basic costs is "at our discretion".Sources at News International hint they may not pursue Field for costs at all, saying the decision whether to pursue Field for basic costs is "at our discretion".
The court heard Field was not insured for legal costs and News International has used one of the most expensive legal firms in London, Linklaters, throughout the two years of case management relating to phone hacking.The court heard Field was not insured for legal costs and News International has used one of the most expensive legal firms in London, Linklaters, throughout the two years of case management relating to phone hacking.
News International said it was considering pursuing the law firm Taylor Hampton, which has acted for dozens of phone-hacking victims including Field, for "waste of costs". It told Mr Justice Vos it would decide within the next 21 days whether it would do this.News International said it was considering pursuing the law firm Taylor Hampton, which has acted for dozens of phone-hacking victims including Field, for "waste of costs". It told Mr Justice Vos it would decide within the next 21 days whether it would do this.
Lewis, Field's solicitor and a partner with Taylor Hampton, accused News International of trying to take revenge on him for prompting what turned out to be an avalanche of claims against News of the World.Lewis, Field's solicitor and a partner with Taylor Hampton, accused News International of trying to take revenge on him for prompting what turned out to be an avalanche of claims against News of the World.
"This appears to be bully-boy tactics in order to get payback for the fact that we exposed all the substantial wrongdoing and wholesale destruction of evidence under James Murdoch's regime," he said."This appears to be bully-boy tactics in order to get payback for the fact that we exposed all the substantial wrongdoing and wholesale destruction of evidence under James Murdoch's regime," he said.
News International has paid out in more than 200 civil damages settlements running into several million pounds for invasion of privacy over News of the World phone hacking since early 2012.News International has paid out in more than 200 civil damages settlements running into several million pounds for invasion of privacy over News of the World phone hacking since early 2012.
Among the earliest settlements were those with actor Jude Law, who received a £130,000 payout, and the former deputy prime minister Lord Prescott who got £40,000. Others who have settled recently include Cherie Blair, the Duchess of York, former Labour minister Geoffrey Robinson and Hugh Grant, who fronts the Hacked Off campaign.Among the earliest settlements were those with actor Jude Law, who received a £130,000 payout, and the former deputy prime minister Lord Prescott who got £40,000. Others who have settled recently include Cherie Blair, the Duchess of York, former Labour minister Geoffrey Robinson and Hugh Grant, who fronts the Hacked Off campaign.
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