Ministry of Justice

Conditional fee agreements in publication proceedings: success fees and after the event insurance

Status: Closed - with response

Open date: 09 August 2007

Close date: 31 October 2007

Responses published: 31 July 2008

This consultation document sought views on proposals to implement recommendations from the Civil Justice Council on fixed recoverable success fees and after the event insurance premiums in publication proceedings funded under conditional fee agreements.

Consultation paper


There were 20 responses to the consultation. The majority of respondents expressed support in principle for the proposed introduction of fixed recoverable staged success fees and after the event insurance premiums. The responses also raised a range of issues and concerns other than those specific to the practical proposals in the consultation paper. The department will not be implementing the scheme of fixed recoverable success fees and capped recoverability on after the event insurance at this stage. However, a revised scheme is included in the response paper.

Following the publication of the response document, an error came to light in paragraph 30 on page 49, on the costs and benefits for media defendants. This was corrected on 29 October 2008.

£68,250 is an average premium for cover of £100,000 which will cover part of any potential liability, if the matter proceeds to trial. It would not be adequate to cover the entire costs involved in a publication proceedings dispute.

Originally published on 31 July 2008, revised on 29 October 2008