here - United Kingdom Parliament

937 Libel Law
1 DECEMBER 2010
Libel Law
938
had to pay their lawyers’ success fees, and would therefore
take an interest in the costs being incurred on their
behalf. It is clear that if the current situation continues,
and claimants continue to have no interest in the legal
costs of their own lawyer if they win or in those of the
defendant’s lawyer if they lose, the “have a go”
compensation culture can only grow.
As well as consulting on that key proposal for reform
of CFAs, we are seeking views on implementing a
package of Sir Rupert’s recommendations that balances
measures for defendants with measures affecting claimants.
They include introducing qualified one-way cost shifting,
increasing general damages by 10%, strengthening part
36 arrangements, which encourage parties to make and
accept reasonable offers, and allowing damages-based
agreements in civil litigation, otherwise known as
contingency fees. It is hoped that the proposals will
result overall in more proportionate costs in all civil
proceedings including defamation, while enabling those
who need access to justice to obtain it. The consultation
on reform of civil litigation funding and costs closes on
14 February 2011, and in due course the Government
will publish a response setting out the next steps.
I hope that I have reassured my right hon. Friend and
other colleagues that we are taking focused and
proportionate action that takes account of many of the
issues involved. I believe that it is very important to
ensure that the law achieves a fair balance between
freedom of expression and the protection of reputation,
and that steps are taken to bring the cost of proceedings
under control. I thank my right hon. Friend again for
the valuable contribution to the ongoing debate on
these issues that he has made today.
Question put and agreed to.
7.29 pm
House adjourned.