Open date: 09 August 2007
Close date: 31 October 2007
Responses published: 31 July 2008
This consultation document sought views on proposals to implement recommendations from the Civil Justice Council on fixed recoverable success fees and after the event insurance premiums in publication proceedings funded under conditional fee agreements.
Consultation paper
- Consultation paper [PDF 0.28mb, 48 pages]
- Summary of questions [Word 0.05mb, 2 pages]
Responses
There were 20 responses to the consultation. The majority of respondents expressed support in principle for the proposed introduction of fixed recoverable staged success fees and after the event insurance premiums. The responses also raised a range of issues and concerns other than those specific to the practical proposals in the consultation paper. The department will not be implementing the scheme of fixed recoverable success fees and capped recoverability on after the event insurance at this stage. However, a revised scheme is included in the response paper.
Following the publication of the response document, an error came to light in paragraph 30 on page 49, on the costs and benefits for media defendants. This was corrected on 29 October 2008.
£68,250 is an average premium for cover of £100,000 which will cover part of any potential liability, if the matter proceeds to trial. It would not be adequate to cover the entire costs involved in a publication proceedings dispute.
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Summary of responses [PDF 0.26mb, 53 pages]
Originally published on 31 July 2008, revised on 29 October 2008
Contact details
Further copies of the consultation paper can be obtained by contacting the address below:
Aleks Leonard
Ministry of Justice
Legal Services Strategy Directorate
5.17, 102 Petty France
London
SW1H 9AJ
Tel: 0203 334 4253
Fax: 0203 334 4295
