here - United Kingdom Parliament
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937 Libel Law<br />
1 DECEMBER 2010<br />
Libel Law<br />
938<br />
had to pay their lawyers’ success fees, and would t<strong>here</strong>fore<br />
take an interest in the costs being incurred on their<br />
behalf. It is clear that if the current situation continues,<br />
and claimants continue to have no interest in the legal<br />
costs of their own lawyer if they win or in those of the<br />
defendant’s lawyer if they lose, the “have a go”<br />
compensation culture can only grow.<br />
As well as consulting on that key proposal for reform<br />
of CFAs, we are seeking views on implementing a<br />
package of Sir Rupert’s recommendations that balances<br />
measures for defendants with measures affecting claimants.<br />
They include introducing qualified one-way cost shifting,<br />
increasing general damages by 10%, strengthening part<br />
36 arrangements, which encourage parties to make and<br />
accept reasonable offers, and allowing damages-based<br />
agreements in civil litigation, otherwise known as<br />
contingency fees. It is hoped that the proposals will<br />
result overall in more proportionate costs in all civil<br />
proceedings including defamation, while enabling those<br />
who need access to justice to obtain it. The consultation<br />
on reform of civil litigation funding and costs closes on<br />
14 February 2011, and in due course the Government<br />
will publish a response setting out the next steps.<br />
I hope that I have reassured my right hon. Friend and<br />
other colleagues that we are taking focused and<br />
proportionate action that takes account of many of the<br />
issues involved. I believe that it is very important to<br />
ensure that the law achieves a fair balance between<br />
freedom of expression and the protection of reputation,<br />
and that steps are taken to bring the cost of proceedings<br />
under control. I thank my right hon. Friend again for<br />
the valuable contribution to the ongoing debate on<br />
these issues that he has made today.<br />
Question put and agreed to.<br />
7.29 pm<br />
House adjourned.