Consultation 06.09

Controlling Costs in Defamation Proceedings

Ref: 06.09

The above paper sets out for consultation a number of measures designed to control better the costs arising in defamation and some other publication related proceedings where the level of costs might be considered too high.

The consultation seeks views on the measures designed to control civil costs in this area, having regard to the proposals submitted by media organisations and other interested parties in response to earlier consultations. These measures are:

(i) Limiting recoverable hourly rates;

(ii) Mandatory costs capping or consideration of costs capping;

(iii) Linking recoverability of After the Event insurance premiums to notification to the other party and introducing a period of non-recoverability post notification; and

(iv) Requiring the proportionality of total costs to be considered on cost assessments conducted by the court

The consultation can be accessed on the following Ministry of Justice web page:

The deadline for response is 6th May 2009.