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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
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MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
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