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I should think that paragraph 21 of Lord Sumtion's speech will prove of some use in the BNM -v- MGN appeal, particularly as to whether or not the current proportionality test is intended to cover all costs, including additional liabilities (the liability for such additional liabilities, as it were, having been incurred under the former regime and thus at a time when there was a legitimate expectation that such costs at least would be subjected to the then proportionality test). I should also think that the same paragraph makes for grim reading for the various press bodies awaiting judgment in the Flood et al cases.