“Variable” form of one-way qualified costs-shifting for defamation & privacy cases?
Both claimants and defendants in defamation and privacy cases could use a “variable” form of one-way qualified costs-shifting, the Civil Justice Council (CJC) has recommended, in a report on costs protection published last week, ahead of measures in the Defamation Bill coming into effect.
Currently, many defamation and privacy cases are funded by conditional fee agreements. The government delayed implementing its conditional fee reforms to this area of law in the light of the Leveson Report, and asked the CJC to look into what costs protection regime could apply.
Its other recommendations include: greater judicial case management, with specialist judges and early intervention; agreement on circumstances in which parties might lose costs protection; drawing up realistic budgets; and allowing the courts to continue to exercise cost-capping powers.
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