Tag Results

Warby: New defamation regime risks “front-loading of costs”

The new regime created by the Defamation Act 2013, and the prevalence of early judicial decisions, could lead to “front-loading of costs”, the judge in charge of the media and communications list has warned.

September 28th, 2017 | 1 Comment »

Media litigators unhappy with procedure and costs budgeting

Lawyers and other users of the new media and communications list are unhappy with how the Civil Procedure Rules apply to the field, and particularly costs budgeting, according to the outcome of a consultation launched by Mr Justice Warby.

July 3rd, 2017 | No Comments »

High Court: “proper defence” of libel actions should not lead to aggravated damages

The High Court has made it clear that putting up a “proper defence” to libel actions should not be taken into account when courts are deciding whether to award aggravated damages.

October 15th, 2014 | No Comments »

City solicitors urge MoJ to withdraw “premature” consultation on defamation costs protection

City solicitors have urged the Ministry of Justice to withdraw its consultation on costs protection in defamation and privacy claims because it does not deal with the central issue of how eligibility for protection will be assessed.

November 7th, 2013 | No Comments »

Defamation Bill gains Royal Assent – but costs provisions remain unresolved

The Defamation Bill received Royal Assent yesterday despite disappointment and criticism that the issue of legal costs has not yet been resolved. There will now be a consultation on the Civil Justice Council’s recommendations for a form of qualified one-way costs shifting.

April 26th, 2013 | Comments Off on Defamation Bill gains Royal Assent – but costs provisions remain unresolved

CJC recommends ‘variable costs protection’ for claimants and defendants in defamation

Costs protection in defamation and privacy cases could be achieved by a form of qualified one-way costs shifting for which both claimants and defendants could apply, a Civil Justice Council working party has recommended.

April 22nd, 2013 | Comments Off on CJC recommends ‘variable costs protection’ for claimants and defendants in defamation

MoJ: no end to recoverability in defamation until costs protection is introduced

The recoverability of success fees and after-the-event insurance in defamation and privacy claims will not come to an end until costs protection is introduced in line with the recommendations of the Leveson report, the government has announced.

December 13th, 2012 | Comments Off on MoJ: no end to recoverability in defamation until costs protection is introduced

MPs and peers urge costs protection for defamation claimants

The Jackson reforms could inhibit access to justice for defamation and privacy claimants and so a Civil Justice Council working group looking at costs protection for them needs to find a solution, MPs and peers said today.

December 12th, 2012 | Comments Off on MPs and peers urge costs protection for defamation claimants

Phone-hacking and privacy injunctions contribute to drop in libel claims, says research

A drop in the level of libel litigation last year could be down to the phone-hacking scandal and celebrities switching to privacy injunctions, new research has suggested. Sweet & Maxwell said the number of reported defamation court cases in the UK fell 15%, from 84 to 71.

September 4th, 2012 | Comments Off on Phone-hacking and privacy injunctions contribute to drop in libel claims, says research