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05 March 2009
Issue: 7359 / Categories: Legal News , Other practice areas
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Challenging the cost of defamation proceedings

Libel

Costs in defamation proceedings could be capped under proposed government reforms.

A Ministry of Justice (MoJ) consultation paper, Controlling Costs in Defamation Proceedings, published last week, proposes a raft of measures designed to tackle the high legal costs incurred in defamation and other publication-related proceedings.

Excessive costs sometimes force defendants to settle claims, and this then risks freedom of expression by encouraging a risk-averse approach to reporting.

The MoJ’s proposals include: limiting recoverable hourly rates; mandatory costs capping or consideration of costs capping; linking recoverability of after the event insurance premiums to notification to the other party and introducing a period of non-recoverability post-notification; and requiring the proportionality of total costs to be considered on cost assessments.
Jaron Lewis, partner in media law at Reynolds Porter Chamberlain LLP, says: “The costs in libel cases have been out of control for some time.
“The government’s proposals are very much a step in the right direction and are to be welcomed. But they do not go far enough in tackling the problems faced by the media, and in curbing the chilling effect that excessive legal fees has on freedom of expression.

“The courts need to be required to take proper control of the costs in media cases to ensure that the media does not shy away from covering truthful stories in the public interest for fear of having to meet the cost of a defamation claim.”

Issue: 7359 / Categories: Legal News , Other practice areas
printer mail-details

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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