New proposals for qualified one-way costs shifting
The Ministry of Justice has proposed introducing costs protection for defamation and invasion of privacy claimants.
Its consultation, Costs Protection in Defamation and Privacy Claims, published last week, is a response to concerns raised by the Leveson Report that people of modest means are put off suing members of the media because of the risk they could end up having to pay enormous costs.
Under the proposals, qualified one-way costs shifting (QOCS) will enable judges to impose a one-way costs order where it is clear one side would not otherwise be able to take part. A costs order could also be imposed to help a small media outlet contest a case brought by a wealthy individual.
The changes are intended to come into effect from April 2014, alongside reforms to “no win no fee” defamation and privacy cases.
QOCS was introduced for personal injury cases in April.
The consultation closes on 8 November 2013.
Justice Minister, Helen Grant says: “Defamation and invasion of privacy can have a devastating effect on lives and it is crucial that people, whatever their means, can stand up for their rights in court even when they are facing a wealthy opponent who can afford to appoint a team of expensive lawyers.”
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