Gillian Phillips is absolutely right in calling for claimant libel lawyers to disclose the outcomes of their CFA-funded cases (see [2010] Comment, 15 April, 10).
CFAs and the accompanying high success fees genuinely have a ‘chilling effect’ on freedom of expression. As my firm represents the majority of regional newspaper publishers in England, Wales and Northern Ireland, we see this only too clearly on a day-to-day basis.
Claimant libel lawyers consistently refuse to disclose accurate statistics regarding the success/failure rate of CFA-funded libel complaints and claims.
As Gillian Phillips said, the snippets of information which are publicly available suggest that 95% of libel claims are successful – which, on any reading, makes uplifts to already high hourly rates of up to 100% unreasonable and unfair.
The claimant lawyers say they want a proper debate about CFAs in publication cases.
I could not agree more. It would be a good start if they released the information to enable all of us to see if it is correct that 95% of libel claims are won.
Tony Jaffa, Head of media and publishing, Foot Anstey, Exeter
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