'Parliament on the cusp of passing a law that will grossly restrict
access to justice for ordinary people in privacy and libel cases'
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Kate
and Gerry McCann are among signatories to the open letter
asking David Cameron to take libel and privacy cases out of
the legal aid bill. Photograph: Peter Macdiarmid/Getty Image |
Dear Prime Minister
The legal aid sentencing and punishment of offenders bill will have its
third and final reading on Tuesday in the House of Lords. Parliament is
therefore on the cusp of passing a law that will grossly restrict access
to justice for ordinary people in privacy and libel cases, without even
any saving to the public purse. We strongly object to the passing of
this unjust measure and urge you to amend it before it is too late.
Of course we are the first to recognise that legal costs in many cases
are too high and also that some reforms are justified, but the bill
includes changes to conditional fee ("no-win, no-fee") agreements and to
after-the-event ("no-win, no-premium") insurance schemes which will
effectively make them non-viable in libel and privacy cases, where
financial damages to a successful claimant are far too small to cover
these costs as the bill currently proposes they should. So only the rich
could take on a big newspaper group. A successful libel defendant
obviously does not get any damages so these reforms will prevent all but
the rich from being able to defend their right to free speech against
wealthy or corporate libel claimants. Although the aim of reducing costs
is very laudable, the position of lower and middle income claimants and
defendants in these types of cases has simply been ignored.
Even if a lawyer will take a high-profile case without a "success fee"
that compensates for the risk of losing some cases, or even does the
case pro-bono, there is still the enormous risk to defendants and
claimants that if they lose, they will have to pay the other side's
costs. A person of ordinary means in that position basically has the
choice of living with injustice or risk losing their home.
Lord Justice Jackson recognised this problem when he proposed an
alternative to insurance in his review but the government – without
explanation – has not accepted his recommendations in these cases.
In practice this means that in future ordinary defendants, like Peter
Wilmshurst, Hardeep Singh and Heather Brooke will also be unable to get
support for legal action taken against them, often by large institutions
with deep pockets trying to silence them. That would be bad news for
science and medicine, for free religious debate and for transparency in
the public interest. And victims of the tabloid press like Christopher
Jefferies, Bob and Sally Dowler, Kate and Gerry McCann and Robert Murat
will not be able to take legal action against the tabloids for hacking
into their phones, for false accusations and for gross
misrepresentation. Newspaper corporations with big legal departments and
their own insurance would scare people off by the prospect of facing a
million pounds worth of costs if they lose. This is obviously both wrong
and unfair to the ordinary citizen with a good case.
The bill simply fails to consider people like us. Unless a change is
made on Tuesday, the government will have succeeded only in uniting both
claimants and defendants from modest backgrounds – together with their
supporters – against the government and much of the good will generated
by the setting up of the Leveson inquiry and promising a libel reform
bill will be lost.
We urge you to take action now to amend the legal aid, sentencing and
punishment of offenders bill to specifically remove libel and privacy
cases, or you will stand accused of being unfair to ordinary people and
giving yet more power to large media corporations and corporate libel
bullies.
Christopher Jefferies
Gerry and Kate McCann
Peter Wilmshurst
Robert Murat
Hardeep Singh
Nigel Short
Zoe Margolis |