Lawyers' fee in libel cases to be cut
The Justice Secretary, Jack Straw announced yesterday (19.01.10)
that Lawyers who charge a ‘success fees’ on a 'no-win, no-fee'
basis for libel cases should be capped from 100% to 10%.
The Ministry of Justice (MoJ) is
proposing change to control the unreasonably high, court cases in
defamation cases. Currently it is:
- deterring journalists and writers from
publishing articles which are in the public interest or
- forcing them to settle rather than defend
defamation actions.
Justice Secretary Jack Straw said:
Freedom of expression and investigative journalism are
fundamental protections to the democracy of this country. I have
recently announced a review of the law of libel, with a working
group to consider whether the law of libel, including the law
relating to libel tourism, in England and Wales needs reform, and
if so to make recommendations as to solutions.
‘I am, however, aware of the growing concern about the high
legal costs in defamation and some other publication cases brought
under conditional fee agreements. Lawyers need to recover their
costs and be rewarded for their efforts and the risks they
undertake when providing people with access to justice in “no win,
no fee” cases. But evidence suggests that the regular doubling of
fees that currently takes place is simply not justified and the
balance of costs between claimant and defendant needs to be
reconsidered.
The proposal will be subject to a consultation period of
four weeks.
Posted 20.10.10