CFA Consultation – Some Further Responses

14 06 2010

We have previously posted the judicial responses to the Government’s Consultation on “Controlling Costs in Defamation Proceedings“.   The two judges who responded – Lord Neuberger and Chief Costs Judge Hurst – were both opposed to the proposal.  We had a post last week by Justin Rushbrooke questioning the whole consultation process on this issue. Read the rest of this entry »





Libel Reform Debate: Part 2 “Damages cap and remedies”

14 06 2010

In an earlier post we suggested that there should be a mature debate on the various issues raised by Libel Reform Campaign.  Last week we discussed the burden of proof in libel cases.  This week we  discuss the idea of a cap on libel damages

Background

The English common law provides only two remedies in a libel case.  The primary remedy is financial compensation – “damages” – Read the rest of this entry »