News International Compensation Scheme

NEWS GROUP NEWSPAPERS LIMITED ("NGN")

VOICEMAIL INTERCEPTION COMPENSATION SCHEME

The News of the World ("NOTW") has admitted being responsible for intercepting the voicemails of certain individuals using the services of a private investigator, Glenn Mulcaire, prior to his arrest in 2006.

On 8 April 2011, NOTW, its publisher NGN, and its parent company, News International, publicly apologised for the actions of NOTW and announced that it would establish a voluntary compensation scheme as an alternative to litigation and in order to speed up the process by which the victims of these activities can be compensated.

NGN has appointed the former High Court Judge and arbitration expert, Sir Charles Gray, to act as an independent adjudicator to assess applications for compensation under the scheme. The scheme will operate according to a new, streamlined procedure aimed at reducing the costs and complexity of the court procedure and ensuring a speedy, fair and efficient means to ensure victims of voicemail interception are adequately compensated.

If you believe that you have been affected by the activities of the NOTW in this regard, please explore this site further to see if the compensation scheme might be suitable for you. For a broad summary of the scheme, a useful starting point may be the FAQs section of the site.

Scheme rules

• 1. INTRODUCTION
• 1.1 This document sets out the rules and procedure (the "Scheme Rules") by which the Voicemail Interception Compensation Scheme (the "Scheme") established by News Group Newspapers Limited ("NGN") will operate. By agreeing to join the Scheme, applicants and their solicitors agree to abide by the Scheme Rules. This agreement will constitute an arbitration agreement within the meaning of section 6 of the Arbitration Act 1996.
• 1.2 The defined terms referred to below are listed in a definitions section at the end of this document.
• 2. APPLYING TO JOIN THE SCHEME
• 2.1 Any individual who considers that he or she has a case against NGN in respect of the unlawful interception of voicemail messages may apply for compensation and other remedies (as set out in Rule 9.3(d) below) under the Scheme. Any person applying to join the Scheme (the "Applicant"), must do so by completing and returning an application form in the form set out at Appendix A (the "Application Form"). The completed Application Form should be sent to NGN's Solicitors in accordance with Rule 12 below.
• 2.2 Upon receipt of the Application Form by NGN's Solicitors, NGN shall determine whether the Application is suitable to be accepted into the Scheme. NGN shall be entitled to reject any application if it reasonably believes that the Application would be unsuitable for the Scheme having regard to the evidence advanced by the Applicant and the complexity of the issues to be determined.
• 2.3 NGN shall use its best endeavours to notify the Applicant by notice in writing to the Applicant within 14 days of receipt of the Application by NGN as to whether it considers that the Application is suitable for acceptance into the Scheme. Such notification by NGN shall enclose a letter which will set out the basis on which the Applicant agrees to join the Scheme (the "Offer Letter").
• 2.4 By the Applicant countersigning and returning to NGN's Solicitors the Offer Letter under Rule 2.3 above (the "Acceptance"):
• (a) the Applicant agrees:
• (i) to be bound by the Scheme Rules;
• (ii) to accept the decision of the Adjudicator in lieu of any claim in the High Court or any other court against NGN or any of its employees, agents, affiliates, parent or other group companies in respect of activities in relation to the unlawful interception or attempted interception of voicemail messages; and
• (b) NGN becomes bound by the Scheme Rules.
• 3. DISCLOSURE BY NGN
• 3.1 Upon receipt of an Acceptance, NGN shall conduct reasonable and proportionate searches for:
• (a) documents on which it relies; and
• (b) documents which:
• (i) adversely affect NGN's case; or
• (ii)support the Applicant's case.
• 3.2 NGN shall endeavour to provide disclosure of the documents returned from the searches carried out in accordance with Rule 3.1 above within 28 days of receipt of the Acceptance. NGN shall provide a list of documents, copies of the documents themselves, and a signed statement as to the searches undertaken.
• 3.3 The disclosure by NGN must be kept strictly confidential and must not be provided to any third party, save as required by law or to the Applicant's legal advisors for the purposes of the Application.
• 4. DISCLOSURE FROM THE METROPOLITAN POLICE SERVICE ("MPS")
• 4.1 Within 14 days of the receipt of the Acceptance, the Applicant may issue an application for disclosure from the MPS for an order in the same or similar terms to the standard order approved by Mr Justice Vos in the civil litigation proceedings.
• 4.2 At the same time as submitting the application, the Applicant shall serve on NGN copies of such an application, together with all supporting evidence.
• 4.3 The disclosure by MPS must be kept strictly confidential and must not be provided to any third party, save as required by law or to the Applicant's legal advisors for the purposes of the Application.
• 4.4 The order sought in respect of disclosure from the MPS shall include an order that NGN pay the MPS's reasonable costs of and occasioned by the application.
• 5. THE APPLICANT'S CASE
• 5.1 Within 28 days after receipt of the documents disclosed by NGN pursuant to Rule 3 above or receipt of documents disclosed by the MPS pursuant to Rule 4 above, whichever the later, the Applicant shall submit to the Adjudicator a document in the form set out at Appendix B (the "Applicant's Case") setting out:
• (a) the nature of the case advanced against NGN by the Applicant, including details of all allegations made against NGN;
• (b) the evidence relied upon, providing supporting documents where applicable;
• (c) where applicable:
• (i) details of any telephone calls made to the Applicant’s voicemail or other voicemails relied upon;
• (ii) details of any information which the Applicant alleges enabled the Applicant's voicemails (or other voicemails) to be intercepted;
• (iii) details of the content of any communications which the Applicant alleges to have been intercepted;
• (iv) details of any information alleged to have been published by the NOTW as a result of the voicemail interceptions identified in Rule 5.1(c)(i) above, together with copies of the publications relied upon; and
• (d) submissions as to the amount of compensation the Applicant considers is appropriate to compensate him or her for any loss or damage suffered as a result of the alleged interception.
• 5.2 At the same time as submitting the Applicant's Case, the Applicant shall submit to the Adjudicator a witness statement, giving full details of the loss and damage which the Applicant considers he or she has suffered as a result of the conduct of the NOTW (the "Applicant's Witness Statement").
• 5.3 The Applicant should seek to ensure as a general guideline that (excluding supporting documents):
• (a) the Applicant's Case is no longer than 20 pages; and
• (b) the Applicant's Witness Statement is no longer than 10 pages.
• 5.4 Copies of the Applicant's Case and the Applicant's Witness Statement shall be served on NGN at the same time as it is submitted to the Adjudicator.
• 5.5 The Applicant may in exceptional cases request agreement from NGN, or in the absence of such agreement, a direction from the Adjudicator, that a further witness statement be provided from a third party as to the loss and damage suffered by the Applicant.
• 6. NGN'S CASE
• 6.1 Within 21 days of receipt of the Applicant's Case, NGN shall submit to the Adjudicator a document responding to the Applicant's Case following as far as possible the same paragraph numbering adopted by the Applicant ("NGN's Case").
• 6.2 NGN shall seek to ensure as a general guideline that (excluding supporting documents) NGN's Case shall be no longer than 20 pages.
• 6.3 A copy of NGN's Case shall be served on the Applicant at the same time as it is submitted to the Adjudicator.
• 6.4 NGN shall at the same time as it serves a copy of NGN's Case on the Applicant, provide to the Applicant's solicitor a list and copies of any further relevant documents which fall within the test for disclosure set out in Rule 3.1 above.
• 6.5 NGN may in exceptional cases request agreement from the Applicant, or in the absence of such agreement, a direction from the Adjudicator, that a witness statement be provided in support of NGN's Case.
• 7. THE APPLICANT'S REPLY
• 7.1 Within 14 days of receipt of NGN's Case, the Applicant may submit to the Adjudicator a reply to NGN's Case (the "Applicant's Reply") dealing with issues raised in NGN's Case which were not addressed in the Applicant's Case.
• 7.2 The Applicant shall seek to ensure as a general guideline that (excluding supporting documents) the Applicant's Reply shall be no longer than 10 pages and follow as far as possible the paragraph numbering in NGN's Case.
• 7.3 A copy of the Applicant's Reply shall be served on NGN at the same time as it is submitted to the Adjudicator.
• 8. FURTHER PROCEDURAL ORDERS
• 8.1 The parties shall attempt to resolve any disputes in relation to procedure, including in relation to disclosure and compliance with time limits, in correspondence, failing which either NGN or any Applicant may write to the Adjudicator, with a copy to the other party, requesting a direction as regards any issue on disclosure or on any other point of procedure under the Scheme. In such a situation, both parties agree to accept the Adjudicator's direction.
• 8.2 The Adjudicator shall be entitled to give directions from time to time with which the parties shall comply.
• 9. THE ADJUDICATION
• 9.1 Subject to Rule 9.2 below, the Adjudicator shall make his Adjudication solely on the basis of the written papers provided to him.
• 9.2 In exceptional cases, either party may by a written request to the Adjudicator, copied to the other side, request an oral hearing. The other party may then respond within 14 days of receipt of such a notice stating whether an oral hearing is agreed and, if not, the reasons why not. The Adjudicator will determine within 14 days of the response whether there is to be an oral hearing.
• 9.3 In making the Adjudication, the Adjudicator shall:
• (a) where necessary, decide whether the interception or attempted interception of voicemails by or on behalf of NGN took place;
• (b) where necessary, decide whether or not NGN is liable to the Applicant in respect of the interception or attempted interception of voicemails;
• (c) determine the amount of compensation, if any, payable to the Applicant according to the amount of damages which the Applicant would be likely to be awarded if the matter were to be heard in the High Court; and
• (d) order any such additional remedies requested by the Applicant as he considers just and proportionate including:
• (i) a direction that NGN cease any activity;
• (ii) a direction that NGN refrain from using any information; and
• (iii) a direction that NGN deliver up information;
• provided that any such remedies would be or would be likely to be available if the matter were to be heard in the High Court.
• 9.4 The Adjudicator shall provide his decision in writing to the parties, giving reasons for his decision, taking appropriate care not to prejudice criminal proceedings.
• 9.5 NGN shall pay any compensation awarded by the Adjudicator in favour of the Applicant within 14 days of publication of the Adjudication, plus an uplift of 10% of the amount awarded by the Adjudicator.
• 9.6 There shall be no appeal to the court against the Adjudicator's decision by either the Applicant or NGN save on the grounds of serious irregularity. The parties agree that section 69 of the Arbitration Act 1996 shall not apply.
• 9.7 Subject to the provisions of Rule 10 below, the Adjudication shall be published on the Scheme's Website within seven days of the Adjudication unless in the opinion of NGN, having consulted with the MPS, such publication might prejudice criminal proceedings.
• 10. CONFIDENTIALITY
• 10.1 An Applicant may elect at the time of submitting an Application Form for his/her case to be treated confidentially. This means that, subject to Rule 10.2 below, the fact that the Applicant has made an Application and the details of the Application and of any Adjudication will be kept confidential.
• 10.2 In respect of any Application where the Applicant elects to keep his/her Application confidential, the following exceptions to confidentiality shall apply:
• (a) NGN shall be entitled to share confidential information about the Application on a confidential basis with its legal advisers and with appropriate individuals within other companies in the News Corp group of companies (and their legal advisers) for the purpose of reporting on the progress of the Scheme, or as otherwise required by law.
• (b) The Adjudicator shall ensure that any written Adjudication is drafted in such a way as to include any confidential information, including the name of the Applicant, in a confidential schedule, which shall not be published.
• (c) NGN shall be entitled to publish on the Scheme's Website a short summary of the Adjudication without in any way revealing any of the confidential information in connection with the Application.
• (d) NGN shall be entitled to include the Application and the amount of any award of compensation in any aggregated statistics published concerning the Scheme.
• 11. WITHDRAWAL FROM THE SCHEME
• 11.1 An Applicant may withdraw from the Scheme at any time by giving notice in writing to NGN.
• 11.2 If an Applicant gives notice of his/her withdrawal from the Scheme:
• (a) the Applicant will continue to be bound by the waiver of claims in Rule 2.4(a) of the Scheme Rules;
• (b) NGN will continue to be bound by its agreement to pay the reasonable costs of the Applicant's chosen Independent Scheme Solicitors up to the date of the Applicant's withdrawal from the Scheme in accordance with Rule 15.1 of the Scheme Rules; and
• (c) NGN and the Applicant will continue to be bound by any terms of confidentiality agreed.
• 12. COMMUNICATIONS
• 12.1 All documents to be provided to NGN under this Scheme shall be sent to NGN's Solicitors, Olswang LLP by:
• (a) registered post to:
  The Secretariat
  The Voicemail Interception Compensation Scheme
  c/o Olswang LLP
  90 High Holborn London
  WC1V 6XX
  
  or
• (b) email to: compensationscheme@olswang.com
• or to such other law firm as NGN may notify to the Applicant.
• 12.2 All documents to be provided to the Adjudicator under this Scheme shall be sent by:
• (a) registered post to:
  The Adjudicator
  The Voicemail Interception Compensation Scheme
  c/o 5 Raymond Buildings
  Grays Inn
  London WC1R 5BP
  
  or
• (b) email to: adjudicator@compensationscheme.net
• 12.3 All documents to be provided to the Applicant under the Scheme shall be sent in the means identified by the Applicant in the Application.
• 12.4 All documents sent by:
• (a) registered post are deemed to be received the next working day after they were sent; or
• (b) emails are deemed to be received the same day as they were sent.
• 13. FORMAT OF DOCUMENTS
• 13.1 Parties are encouraged to ensure that all documents prepared for the Application:
• (a) are typed on A4 paper;
• (b) use font size 11 and 1.5 paragraph spacing;
• (c) have numbered paragraphs; and
• (d) are no longer than reasonably necessary, having regard to the page limits referred to above.
• 14. INDEPENDENT SCHEME SOLICITORS AND THE SCHEME BARRISTER
• 14.1 The Applicant may appoint any firm of solicitors to advise him/herin relation to the Scheme provided that the firm has agreed to comply with these Scheme Rules (including for the avoidance of doubt the provisions of Rule 15 below in relation to costs) (any such firm instructed in accordance with this Rule shall be referred to as an "Independent Scheme Solicitor").
• 14.2 The Independent Scheme Solicitors shall enter into their own terms of engagement with each Applicant to the Scheme for whom it acts. There shall be no solicitor-client relationship between NGN and the Independent Scheme Solicitors. In particular, NGN acknowledges and accepts that it will have no influence over advice given to Applicants by the Independent Scheme Solicitors, that the Independent Scheme Solicitors owe NGN no duty of care, that the Independent Scheme Solicitors have a professional duty of confidentiality to Applicants, that NGN has no right to view or rely on advice given by Independent Scheme Solicitors, and that NGN has no proprietary or other interests in the work product of the Independent Scheme Solicitors.
• 14.3 NGN may appoint one or more independent barristers (the "Independent Scheme Barrister(s)") to provide assistance and advice to the Independent Scheme Solicitors and Applicants.
• 15. COSTS
• 15.1 NGN shall indemnify the Applicant in respect of the fees of the Independent Scheme Solicitors and the Independent Scheme Barrister(s) in acting in relation to the Scheme, subject to Rule 15.2 below and in accordance with the procedure set out below.
• 15.2 Fees that are excessive and/or disproportionate shall not be recoverable from NGN and by agreeing to comply with the Scheme Rules, the Independent Scheme Solicitors agree not to charge Applicants any fees which are not recovered from NGN in accordance with this Rule 15, unless otherwise agreed with the Applicant.
• 15.3 The parties agree that sections 61 and 63(2) of the Arbitration Act 1996 shall not apply.
• 15.4 Subject to the terms of these rules, NGN shall pay the Independent Scheme Solicitors' reasonable costs and disbursements incurred in advising Applicants under the Scheme.
• 15.5 If an Applicant applies to join the Scheme but is rejected by NGN, the Applicant shall bear his or her own costs (including in relation to any advice he or she might have received from any Independent Scheme Solicitors prior to applying to join the Scheme).
• 15.6 The Independent Scheme Solicitors shall within 4 working days of the end of each month submit an invoice to each Applicant that has been accepted into the Scheme and in respect of which it has undertaken work in the preceding month, together with:
• (a) A detailed breakdown of the time spent by each fee earner and the activity;
• (b) A detailed breakdown of any reasonable photocopying charges incurred;
• (c) A detailed breakdown of any work done and invoiced by the Independent Scheme Barrister; and
• (d) A summary of all costs incurred to date in relation to each Applicant that it represents.
• 15.7 Each such invoice should be addressed to the Applicant but marked as "payable by News Group Newspapers Limited" and copies of each such invoice should be sent to NGN's Solicitors at the same time as they are sent to Applicants.
• 15.8 Fee earners at the Independent Scheme Solicitors should record their time spent in relation to Applications under the Scheme in six minute units, providing as detailed a description of the work undertaken as is reasonably practicable without disclosing confidential or privileged information.
• 15.9 Subject to Rule 16 below, NGN shall endeavour to pay all invoices submitted by the Independent Scheme Solicitors within 28 days of the date of the invoice.
• 15.10 The recovery of costs by the Independent Scheme Solicitors from the Applicants (and therefore also the recovery of the costs from NGN) shall be subject to the following limitations:
• (a) Time shall be recorded, invoiced and recoverable at maximum, blended hourly rates which are available from NGN's Solicitors:
• (b) Fees that are excessive and/or disproportionate shall not be chargeable to Applicants and therefore will not be recoverable from NGN.
• (c) The costs of the Independent Scheme Barrister(s) shall be recoverable at the maximum rate of £250 per hour.
• (d) Reasonable photocopying charges shall be charged at cost price.
• (e) Any court fees payable by the Applicant in respect of disclosure applications against the MPS shall be recoverable from NGN (in addition to the Applicant's legal costs of such applications).
• (f) The Independent Scheme Solicitors shall not be entitled to charge any disbursements other than reasonable photocopying charges, court fees, and the reasonable costs of the Independent Scheme Barrister(s).
• (g) NGN shall be entitled to reject an invoice which does not comply with Rule 15.6 above.
• 16. DISPUTES IN RELATION TO FEES
• 16.1 If NGN wishes to challenge the reasonableness of the fees invoiced by the Independent Scheme Solicitor in accordance with Rule 15 above, NGN shall notify the Independent Scheme Solicitor of its intention to challenge the invoice in question.
• 16.2 If NGN notify the Independent Scheme Solicitor of its intention to challenge an invoice pursuant to Rule 16.1 above, the parties shall attempt to resolve such a dispute (the "Costs Dispute") within 28 days of the written notification by NGN.
• 16.3 If the parties are unable to resolve the Costs Dispute within 28 of the notice by NGN in accordance with Rule 16.2 above, the parties agree to appoint an independent costs draftsman (the "Costs Draftsman") to determine the costs dispute on paper. In such circumstances:
• (a) the Independent Scheme Solicitor shall provide to the Costs Draftsman the invoice, detailed narratives and all such documentation as the Costs Draftsman may reasonably require in order to assess the reasonableness of the fees invoiced; and
• (b) the Independent Scheme Solicitor and NGN shall each be entitled to make submissions in writing as to why the costs are, or are not as the case may be, reasonably incurred.
• 16.4 The Costs Draftsman shall assess costs on the indemnity basis.
• 16.5 If:
• (a) at any time NGN makes an offer in writing to pay any amount in satisfaction of a disputed invoice; and
• (b) the Costs Draftsman determines that the Independent Scheme Solicitor is not entitled to recover more than the amount offered by NGN, the Independent Scheme Solicitor shall not be entitled to recover from the Applicant or from NGN any costs incurred in relation to the Costs Dispute after such an offer has been made by NGN.
• 16.6 The costs of the Costs Draftsman shall be paid solely by NGN.
• 16.7 If the Costs Draftsman determines that the Independent Scheme Solicitor is not entitled to recover more than the amount offered by NGN, the Independent Scheme Solicitor shall agree not to seek to recover any or all of the additional amount of its costs from the Applicant.
• 17. FURTHER GUIDANCE AND ALTERATION
• 17.1 NGN shall from time to time publish further guidance on the Scheme on the Scheme's Website as it deems necessary.
• 17.2 NGN may propose to the Adjudicator at any time an alteration to the terms of the Scheme which the Adjudicator may accept or reject, having regard to any representations made by the Independent Scheme Solicitors. If the Adjudicator accepts the alteration, the alteration will take effect at such time and in such manner as the Adjudicator may direct.
• 17.3 Any proposal by NGN to amend the Scheme Rules shall be notified in advance on the Scheme's Website.
• 17.4 In the event that the Adjudicator is unable to act, NGN may appoint such other individual to be the Adjudicator and will notify all Applicants of the appointment and the reasons that the previous Adjudicator is unable to act. In such circumstances, any Applicant may elect within 14 days to withdraw from the Scheme and if such election is made, any such Applicant will no longer be bound by its terms.
• 17.5 Queries about the Scheme should be directed to NGN's Solicitors.
• 18. CHOICE OF LAW
• 18.1 The terms of the Scheme shall be governed by the laws of England and Wales.
• 19. DEFINITIONS
• 19.1 In this Scheme, the following terms have the following meanings:
• (a) "Acceptance" means a formal acceptance in to the Scheme by the Applicant in accordance with Rule 2.4 above.
• (b) "Adjudicator" means Sir Charles Gray or in the event of Sir Charles Gray being unable to act, such other individual of similar background and standing appointed by NGN in accordance with Rule 17.4 above.
• (c) "Applicant" shall be any person who makes an application in accordance with Rule 2.1 above.
• (d) "Applicant's Case" means the document submitted by the Applicant in accordance with Rule 5 above.
• (e) "Applicant's Reply" means the document submitted by the Applicant in accordance with Rule 7 above.
• (f) "Applicant's Witness Statement" means the witness statement as to damages submitted by the Applicant in accordance with Rule 5.2 above.
• (g) "Application" means an application in accordance with Rule 2 to NGN for compensation in relation to the interception of voicemail messages by the News of the World or any of its employees or agents.
• (h) "Application Form" means the pro-forma form submitted by the Applicant in accordance with Rule 2.1 and Appendix A below.
• (i) "Independent Scheme Barrister" means the barrister appointed in accordance with Rule 14.3 above to assist the Independent Scheme Solicitors and Applicants.
• (j) "MPS" means the Metropolitan Police Service.
• (k) "NGN's Case" means the document submitted by NGN in accordance with Rule 6 above.
• (l) "NGN's Solicitors" are Olswang LLP
• (m) "the NOTW" means the News of the World.
• (n) "Offer Letter" means a letter from NGN's Solicitors inviting an Applicant to join the Scheme as referred to in Rule 2.3 above.
• (o) "Scheme Rules" means these rules as referred to in Rule 1.1 above.
• (p) "Scheme's Website" means the website at www.newsint.co.uk/compensationscheme

Frequently asked questions

Why has NGN decided to set up a voluntary compensation scheme for voicemail interception claims?
What remedies will the scheme provide for?
Who will be entitled to join the scheme?
How much will it cost to join the scheme?
Are there any restrictions on which solicitors applicants can instruct?
How long will it take to obtain compensation?
How much compensation can applicants expect to be awarded?
How can applicants apply to join the scheme?
How will applicants know whether they have a good claim or not?
Will applicants be able to join the scheme confidentially?
What are the benefits of joining the scheme rather than using the court process?

Why has NGN decided to set up a voluntary compensation scheme for voicemail interception claims?
The News of the World ("NOTW") has admitted being responsible for intercepting the voicemails of certain individuals using the services of a private investigator, Glenn Mulcaire, prior to his arrest in 2006.

On 8 April 2011, NOTW, its publisher NGN, and its parent company, News International, publicly apologised for the actions of NOTW and announced that it would establish a voluntary compensation scheme as an alternative to litigation and in order to speed up the process by which the victims of these activities can be compensated.

NGN has appointed the former High Court Judge and arbitration expert, Sir Charles Gray, to act as an independent adjudicator to assess applications for compensation under the scheme. The scheme will operate according to a new, streamlined procedure aimed at reducing the costs and complexity of the court procedure and ensuring a speedy, fair and efficient means to ensure victims of voicemail interception are adequately compensated.

What remedies will the scheme provide for?
Applicants who are accepted into the scheme will be able to obtain very similar remedies as would be available through the court process. These will include in appropriate cases:

• the award of compensation (with an uplift of 10% on all adjudications as an incentive to join the scheme);
• undertakings by NGN not to use any information obtained through any voicemail interception activity and to disclose all such material; and
• payment of the applicant's reasonable legal costs.

Who will be entitled to join the scheme?
Anyone who considers their voicemails may have been intercepted by the NOTW or any of its employees or agents will be entitled to apply for compensation through the scheme.

NGN will only accept applications that it considers are appropriate for the scheme. NGN reserves the right to reject any application that it does not deem suitable for the scheme. NGN will not accept speculative claims into the scheme. The aim is to progress good claims quickly to an award of compensation, not to get bogged down in complex legal arguments and speculative requests for disclosure of documents.

How much will it cost to join the scheme?
The Scheme Rules provide that applicants' solicitors must agree to comply with the Scheme Rules including in relation to costs recovery. If an applicant is accepted into the Scheme, the rules provide that the costs of the applicant's solicitors from start to finish of the process, together with NGN's own costs and the costs of the adjudicator, will be paid by NGN, whether or not the applicant succeeds in his application for compensation. Once accepted into the Scheme, applicants will therefore accept no risk as to costs and will not need to take out any insurance against having to pay NGN's costs if they lose.

Are there any restrictions on which solicitors applicants can instruct?
Provided that the solicitors agree to comply with the Scheme Rules (including in particular the rules in relation to costs), then an applicant may instruct whichever firm of solicitors it chooses. A number of firms have already agreed to act as independent solicitors on this basis, details of which are here.

How long will it take to obtain compensation?
NGN has published a detailed procedure for the scheme (the "Scheme Rules") which is aimed at reducing the complexities and delay of the court procedure. NGN will aim to process every application from start to finish within 6 months. However, this will depend on achieving co-operation from the applicants and their solicitors. Where possible, NGN will seek to settle applications early.

If an award of compensation is made by the adjudicator or agreed by NGN, NGN will pay the compensation within 14 days.

How much compensation can applicants expect to be awarded?
If liability is established against NGN by the adjudicator, the adjudicator will assess applications for compensation and having regard to previous decisions of the courts and according to generally accepted principles established by the courts, including:

• the extent of intrusion suffered;
• the effect of the intrusion on the applicant; and
• the steps, if any, taken by the News of the World to mitigate the damage caused.

How can applicants apply to join the scheme?
The Scheme Rules sets out full details of how to join the scheme. Applications will be made by filling out a pro-forma application form setting out details of the applicant and their claim for compensation. Applicants are encouraged to seek advice from one of the independent scheme solicitors before submitting their application form. If the applicant is accepted into the scheme, the costs of obtaining such advice will be paid for by NGN in accordance with the Scheme Rules. Such costs will not be paid for by NGN should an applicant not be accepted into the scheme.

How will applicants know whether they have a good claim or not?
At present, most of the evidence relating to voicemail interception is held by the Metropolitan Police Service as they have all material obtained from Glenn Mulcaire. However, it may be possible for applicants to obtain this material from the police by obtaining a disclosure order from the courts. Where possible, NGN will assist and pay for the costs of applicants making such an application in appropriate cases once they have signed up to the terms of the scheme.

As part of the scheme, NGN will also provide early disclosure of relevant documents in its possession before the applicant sets out the detailed basis of his/her application. In the court process, disclosure only takes place after both sides have set out their respective positions. This will allow applicants, with the assistance of their solicitor, to assess the strengths and weaknesses of their case at an earlier stage.

Will applicants be able to join the scheme confidentially?
Applicants will have the choice as to whether their application will be confidential or not, although the intention is that the Adjudicator will publish reasons for each decision, protecting confidentiality where appropriate. NGN intends to publish the adjudications on this website in order to ensure transparency over the amounts of compensation being awarded and the reasons given by the adjudicator.

What are the benefits of joining the scheme rather than using the court process?
The key benefits for those that join the scheme rather than going through the court process are that they will:

• obtain quicker and more efficient access to justice without the delays and complexity of the court process
• obtain an uplift of compensation of 10% on what they might expect to receive from the courts
• bear no risk in relation to costs
• obtain disclosure of documents from NGN up front before they set out the detail of their claim
• be able to obtain compensation confidentially

If you have any further queries about the scheme, please feel free to email them to compensationscheme@olswang.com

Sir Charles Gray's profile

After leaving Oxford, where he read politics, philosophy and economics, Sir Charles Gray was called to the Bar by Lincolns Inn in 1966. He joined the chambers now known as 5RB. His practice was initially general common law. Over time, however, it narrowed to commercial, intellectual property and media law.

Sir Charles took silk in 1984. He was instructed to appear not only in the High Court in London but also in the Court of Appeal and in the House of Lords. He was instructed in several ICC and other cases. He was called to the Bar in Hong Kong and in Singapore. He appeared in numerous cases, mostly defamation cases, in those jurisdictions. He was also instructed in many cases by firms in Malaysia, India and the Caribbean.

Sir Charles appeared in many famous cases, including The Crossman Diaries Case; Attorney General of New Zealand v Ortiz; the Spycatcher litigation; and in numerous libel actions such as Elton John v Mirror Group; Lord Aldington v Tolstoy (in which case his client was awarded record damages of £1.5 million); Proetta v Times Newspapers and Aitken v Granada and the Guardian. He appeared for most, if not all, of the national newspapers, as well as the BBC and many other TV broadcasters and publishers.

In 1998 Sir Charles was appointed to the High Court Bench. He had sat as a Recorder of the Crown Court since 1990. He sat in the Queens Bench Division. He sat in the Court of Appeal (Criminal Division). In addition to presiding over serious criminal cases on circuit, he was the Judge in a number of celebrated civil cases. These included the so-called "Holocaust trial" Irving v Penguin Books; Grobelaar v News Group; The Jockey Club v Buffham; Condliffe v Private Eye; and a large variety of civil actions.

Sir Charles retired from the High Court Bench in 2008. He continued to sit on a part time basis in the Queens Bench Division. At the same time he trained as a mediator through CEDR and joined the LCIA. He has rejoined his former chambers 5RB in order to undertake arbitration and mediation work. In May 2011 it was announced that Sir Charles had been appointed as the adjudicator to decide the numerous cases brought against News Group Newspapers by those whose voicemails had allegedly been intercepted.

Documents for applicants

Contact details for the Adjudicator

For the submission of any documents or other necessary contact with the adjudicator, please use the following email address: adjudicator@compensationscheme.net

Or by post to:

Sir Charles Gray
The Adjudicator
The Voicemail Interception Compensation Scheme
c/o 5 Raymond Buildings
Gray's Inn
London WC1R 5BP

Contact details for NGN's Solicitors – Olswang LLP

www.olswang.com

For the submission of an Applicant's Application Form, Applicant's Case or other necessary contact with NGN's Solicitors, please use the following email address:
compensationscheme@olswang.com

Or by post to:

The Secretariat
The Voicemail Interception Compensation Scheme
c/o Olswang LLP
90 High Holborn
London WC1V 6XX
Ref: DJT/AEH/OAM/25977.16

Independent Scheme Solicitors' contact details

Addleshaw Goddard LLP:
http://www.addleshawgoddard.com/
+44(0)20 7606 8855

David Engel, Partner:
http://www.addleshawgoddard.com/view.asp?content_id=1021&parent_id=1245
David.Engel@addleshawgoddard.com


Collyer Bristow LLP:
http://www.collyerbristow.com/
+44(0)20 7242 7363

Steven Heffer, Partner:
http://www.collyerbristow.com/Default.aspx?sID=61&cID=58&ctID=36&lID=0
steven.heffer@collyerbristow.com

Published adjudications and settlements

Announcements