English PEN and Index on Censorship today welcome Jack Straw’s proposal to make dramatuc cuts to lawyers’ win fees in defamation cases, but warn that fees are only one part of a libel system in need of serious reform.

Justice Secretary Jack Straw announced last night (19 Jan) that he intended to cut the amount that lawyers can claim in “success fees” from 100 per cent of costs to 10 per cent. Straw commented: “Lawyers need to recover their costs and be rewarded for their efforts and the risks they undertake when providing people with access to justice in “no win, no fee” cases. But evidence suggests that the regular doubling of fees that currently takes place is simply not justified and the balance of costs between claimant and defendant needs to be reconsidered.”

English PEN and Index on Censorship’s report on libel law, “Free Speech is Not for Sale” recommended a substantial cut in the cost of libel cases, allowing greater access to justice for both claimants and defendants.

Index on Censorship editor Jo Glanville said today: “We are delighted to see Jack Straw acknowledging the chilling effect of libel costs on journalism, publishing and academic research and proposing to address the problem of success fees with secondary legislation. This goes a long way towards meeting our own proposals in the English PEN-Index on Censorship report. We hope the the Secretary of State will consider our remaining proposals on costs and broader reforms with the same spirit and speed.”

Jonathan Heawood of English PEN commented: “The fear of spiralling costs means many individuals and media outlets cannot afford to defend libel actions. Any effort to address this problem is welcome. But we must be clear that costs are only one part of the problem. This measure must be part of a broader package of reform of our defamation laws — a programme we would urge all parties to adopt in their manifestos for the forthcoming election.”

The Libel Reform Campaign was launched in December 2009 by Index on Censorship, English PEN and Sense About Science. Over 12,500 people have signed a petition calling for urgent reform of English libel law. In response to the campaign. the Minsitry of Justice has announced a working group on libel, and Liberal Democrat leader Nick Clegg has called for radical reform of the law.
www.libelreform.org