In November 2018, the Government announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees would no longer be recoverable from opponents in defamation and privacy claims. Continue reading
The International Forum for Responsible Media Blog
Tag: CFAs (Page 1 of 2)
On 29 November 2018, the Government published its response to the 2013 consultation on costs protection in defamation and privacy claims. In particular, the written statement by the Lord Chancellor and Secretary of State for Justice summarizes the amendments to costs provisions, raising access to justice concerns. Continue reading
The government has announced that from 6 April 2019 conditional fee agreement (‘CFA’) success fees will no longer be recoverable from opponents in defamation and privacy claims. The Ministerial Statement made by David Gauke the Lord Chancellor and Justice Secretary can be found here. Continue reading
On 11 April 2017 the Supreme Court unanimously dismissed three appeals brought by media organisations challenging the article 10 ECHR compliance of the recovery of additional liabilities (CFA success fees and ATE insurance premiums) from defendants in ‘publication cases.’ ([2017] UKSC 33). Continue reading
There is an old saying that when a woman is forced to choose between two men, she opts for the third, and so it is with the Supreme Court’s decision in Times Newspapers Ltd v Flood, Miller v Associated Newspapers Ltd, and Frost and others v MGN Ltd [2017] UKSC 33. Continue reading
In his piece on Inforrm yesterday, Keith Mathieson begins by describing the use of CFAs in cases against the media as a “scandal”. Evidently the Supreme Court did not agree with him – unanimously. One of the titles for whom he acts has already described judges with whom they disagree as “Enemies of the people”, so I suppose the judges can count themselves lucky not to have been attacked in similar terms. Continue reading
The use of CFAs in cases against the media had become a scandal long before this appeal was heard. A mechanism intended to provide access to justice had become a gravy train for claimant lawyers. As claimant lawyers know, the mere threat of a CFA and ATE insurance could be used to bulldoze a media company into submission. Continue reading
In a unanimous judgment ([2017] UKSC 33) handed down today the UK Supreme Court dismissed the appeals by Times Newspapers, Associated Newspapers and MGN against orders that they pay success fees and after the event insurance premiums (“additional liabilities”) under conditional fee agreements (“CFAs”) in libel and privacy claims. Continue reading
The Supreme Court has announced that judgment will be handed down in the cases of Times Newspapers v Flood, Frost v MGN and Miller v Associated Newspapers at 9.45 am on Tuesday 11 April 2017. Continue reading
From 24 to 26 January 2017, the Supreme Court heard three joined appeals raising the issue as to whether the recovery of conditional fee agreement (“CFA”) success fees and after the event insurance (“ATE”) premiums (collectively known as “additional liabilities”) in publication and privacy cases is incompatible with Article 10 of the Convention. Inforrm published a case preview here. Continue reading
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