Controlling costs in defamation proceedings
Status: Closed - with response
Open date: 19 January 2010
Close date: 16 February 2010
Responses published: 03 March 2010
This consultation seeks views on a proposal to reduce the maximum 'success fee' which may be charged in defamation proceedings funded under Conditional Fee Agreements from 100% to 10% of base costs.
This reflects the government's commitment to reducing the impact of high costs in defamation cases and is intended to complement changes already introduced on 1 October 2009 to control the costs of individual cases.
Views are sought from legal professionals and those involved in defamation cases as claimants or defendants.
- Controlling costs in defamation proceedings consultation (PDF 0.41mb 44 pages)
- Questions for response (Word 0.04mb 2 pages)
Response
In total we received 57 responses: 25 from legal professionals, 22 from media companies and their representative organisations, five from legal representative groups, two from members of the judiciary, two from after the event Insurance providers and one from a non-governmental organisation.
More than half of respondents (53%) supported reducing the maximum success fees.
In light of this the government has decided to implement the proposal consulted on as an interim measure pending further consideration of Lord Justice Jackson's report: 'Review of Civil Litigation Costs: Final Report'.
- Controlling costs in defamation proceedings - response to consultation (PDF 0.36mb 37 pages)
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Natasha ZitcerCivil Justice and Legal Aid Division