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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

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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