0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

naomi libel decision is no basis for demise of CFA’s

21 January 2011

The decision by the European Court of Human Rights in MGN v UK should not be seen as an excuse for the government to abolish the current system of conditional fee agreements.

The system was introduced to ensure that ordinary UK citizens would in the absence of being able to obtain public assistance still be able to take proceedings to defend their position in a whole range of areas

In this instance Miss Campbell is no ordinary UK citizen but a millionaire with the ability to pay her lawyers.

The system was never designed to be abused by the super-rich in libel and defamation cases and so the decision of the ECHR on the facts of this case is absolutely right.

The legal profession needs to take a reasonable and sensible approach to how we approach these arrangements and if we don’t do so soon this essential aid ensuring that all have at least the opportunity to defend their position will be gone forever!

related opinions

Sky’s overly broad trade marks narrowed as found partially invalid for bad faith

Lord Justice Arnold has applied the guidance of the Court of Justice of the European Union (CJEU) to the evidence before him, in the long standing trade mark dispute between Sky and Skykick.

View blog

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

Cyber risks – are businesses really ready?

The Hiscox Cyber Readiness report, a review of 3300 organisations, will be a stark warning for CEO’s of SME’s in the UK and in Europe.

View blog

Justice must be seen to be done - by video link?

The modernisation of the civil justice system will take a step forward this month with the introduction of a pilot scheme to determine applications via video link.

View blog

Declan Cushley

Declan Cushley

Partner and Head of IP and Commercial Group

View profile

mailing list sign up

Select which mailings you would like to receive from us.

Sign up