Lords to debate libel crackdown

The House of Lords is to debate the government's controversial cut in success fees for conditional fee libel actions later this week.

Former Speaker of the Commons Lord Martin tabled a motion last week to ensure there was a debate on the Conditional Fee Agreements (Amendment) Order 2010, which would cap success fees at ten per cent of damages, rather than the 100 per cent currently permitted.

Lord Martin's motion argued that the MoJ did not allow enough time for a consultation with lawyers, given the benefits of CFAs in libel cases to those on 'modest and low incomes'.

Lawyers for Media Standards (LMS), which was set up in January by mainly claimant libel lawyers, has already threatened the justice secretary with a judicial review over the four-week consultation (see solicitorsjournal.com 18 March 2010).

Sarah Webb, head of media at Russell, Jones & Walker and a founder member of LMS, said the organisation had set up a limited company specifically to fight the judicial review.

She described the series of attacks by Straw on defamation law in the past 12 months as 'staggering'. A system of compulsory costs budgeting for libel cases has been in place at the High Court since October.

A spokeswoman for the MoJ said the government was committed to reducing the high costs of publication proceedings.

A debate on the statutory instrument is due at the House of Lords on Thursday evening.