*/
Plans to cut conditional fee agreements (“CFA”) success fees for libel cases by up to 90 per cent have been dropped owing to lack of Parliamentary time.
The controversial plans, which were opposed by many claimant libel lawyers, would have capped the success fee chargeable in CFAs from a maximum 100 per cent to ten per cent. The reforms had previously failed to pass the committee stage in the House of Commons after four labour MPs joined opposition parties to vote it down.
Claimant libel lawyers have criticised the reduction to a ten per cent success fee on the basis that solicitors would be unable to bear the risk of bringing many otherwise deserving cases. They say that in practice the lawyer never recovers the full costs involved.
They have also pointed out that the risk is staged, with the 100 per cent success fee only applying at trial and most cases settling at an early stage in proceedings. This has the benefit that lawyers need carefully to assess the risks involved at every stage.
The Law Society has called for substantial research and consultation before any further proposals are put before Parliament. Robert Heslett, President of the Law Society, said: “Attempting to rush legislation, delegated or otherwise, through Parliament fails to consider the impact it can have.”
All three of the main parties have pledged to reform the libel laws after the general election.
Claimant libel lawyers have criticised the reduction to a ten per cent success fee on the basis that solicitors would be unable to bear the risk of bringing many otherwise deserving cases. They say that in practice the lawyer never recovers the full costs involved.
They have also pointed out that the risk is staged, with the 100 per cent success fee only applying at trial and most cases settling at an early stage in proceedings. This has the benefit that lawyers need carefully to assess the risks involved at every stage.
The Law Society has called for substantial research and consultation before any further proposals are put before Parliament. Robert Heslett, President of the Law Society, said: “Attempting to rush legislation, delegated or otherwise, through Parliament fails to consider the impact it can have.”
All three of the main parties have pledged to reform the libel laws after the general election.
Plans to cut conditional fee agreements (“CFA”) success fees for libel cases by up to 90 per cent have been dropped owing to lack of Parliamentary time.
The controversial plans, which were opposed by many claimant libel lawyers, would have capped the success fee chargeable in CFAs from a maximum 100 per cent to ten per cent. The reforms had previously failed to pass the committee stage in the House of Commons after four labour MPs joined opposition parties to vote it down.
Now is the time to tackle inappropriate behaviour at the Bar as well as extend our reach and collaboration with organisations and individuals at home and abroad
A comparison – Dan Monaghan, Head of DWF Chambers, invites two viewpoints
And if not, why not? asks Louise Crush of Westgate Wealth Management
Marie Law, Head of Toxicology at AlphaBiolabs, discusses the many benefits of oral fluid drug testing for child welfare and protection matters
To mark International Women’s Day, Louise Crush of Westgate Wealth Management looks at how financial planning can help bridge the gap
Casey Randall of AlphaBiolabs answers some of the most common questions regarding relationship DNA testing for court
Maria Scotland and Niamh Wilkie report from the Bar Council’s 2024 visit to the United Arab Emirates exploring practice development opportunities for the England and Wales family Bar
Marking Neurodiversity Week 2025, an anonymous barrister shares the revelations and emotions from a mid-career diagnosis with a view to encouraging others to find out more
Save for some high-flyers and those who can become commercial arbitrators, it is generally a question of all or nothing but that does not mean moving from hero to zero, says Andrew Hillier
Patrick Green KC talks about the landmark Post Office Group litigation and his driving principles for life and practice. Interview by Anthony Inglese CB
Desiree Artesi meets Malcolm Bishop KC, the Lord Chief Justice of Tonga, who talks about his new role in the South Pacific and reflects on his career
