Parents of missing Madeleine join victims of tabloid excess and libel
reformers in open letter to David Cameron
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Gerry
and Kate McCann arrive at the Leveson inquiry. They want
David Cameron to save 'no win, no fee' arrangements in libel
and privacy cases. Photograph: Lefteris Pitarakis/AP |
Kate and Gerry McCann, the couple whose daughter Madeleine went missing
in Portugal, have written to the prime minister urging him to abandon
his government's plans to alter no-win, no-fee legal agreements.
The couple, making their first public intervention in politics, are
among a group of libel reform campaigners and well-known victims of
tabloid newspapers who warn that plans to rewrite what are known as
conditional fee agreements (CFAs) will ensure that only the rich have
access to justice in future.
The letter, to be delivered to David Cameron on Monday, comes before
Tuesday's third reading in the House of Lords of the legal aid,
sentencing and punishment of offenders bill (Laspo), which has already
suffered nine defeats on different amendments at the hands of peers.
The letter is also signed by Christopher Jefferies, who won libel
damages from eight newspapers over false allegations during the Joanna
Yeates murder inquiry in Bristol, and a consultant cardiologist who had
to defend himself against libel claims when he criticised medical
research.
It is the first time the McCanns have voiced their concerns about the
impact of the government's legal reforms.
The letter has been co-ordinated by Hacked Off, which campaigned for a
public inquiry into phone hacking, and the Libel Reform Campaign.
As well as cutting £350m out of the Ministry of Justice's annual legal
aid budget, the Laspo bill will reconfigure no-win, no fee agreements.
It prevents claimants from recovering their expensive insurance premiums
and lawyers' success fees from losing defendants. Instead, the costs
will have to be paid out of any final award.
Martin Moore, of Hacked Off, said: "The government suggest they are
going to deal with costs reform for privacy and libel cases in the
forthcoming defamation bill, because they accept there is a problem. In
that case they need to remove these sorts of cases from the scope of the
current legal aid bill. That would also mean that the Leveson Inquiry
can then be allowed to look at this issue as well without having been
pre-empted by the government."
The justice secretary, Kenneth Clarke, has condemned the current system
of CFAs for encouraging a "compensation culture" under which claimants
sue too readily without thinking much about the costs incurred. Those
with good causes will always find lawyers to take on their cases, it is
argued.
Opponents of the changes, such as the Law Society, which represents
solicitors, warn that it will make it unattractive for lawyers to take
up cases and will stop the less well-off from obtaining redress through
the courts. The letter to the prime minister warns: "Parliament is 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.
"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.
"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."
Kate and Gerry McCann accepted damages of £550,000 and a high court
apology from Express Newspapers over "utterly false and defamatory"
stories published about the disappearance of their daughter in 2007. The
letter argues that newspaper corporations with big legal departments
will be able to intimidate victims of false stories because they would
face millions of pounds in costs if they lose.
Wilmshurst, one of the signatories, is a consultant cardiologist who
used a CFA to successfully defend himself in three libel actions brought
by an American company. He said: "The government say they expect people
to pay lawyers' success fees from their damages. But defendants in libel
actions don't win damages, they only win their free speech rights.
"These reforms obviously don't work for innocent libel defendants and I
am shocked the government has not yet listened to our plight. If this
bill becomes law in its current state, people like me will not only have
to risk their house for the other side's costs, but would not be able to
find a lawyer. It is a terrible attack on free expression of doctors and
scientists."
Dr Simon Singh, of the Libel Reform Campaign, said: "Although I did not
wholly rely on a no-win, no-fee agreement when I successfully defended
myself against the British Chiropractic Association, scientists, doctors
and writers like me nearly always need some help in financing a defence
against a wealthy libel claimant. Without proper provision, we will be
unable to defend our freedom of expression. I know the government
understands the importance of reforming libel law to make it fairer for
all, so I am optimistic the problem will be solved."
Last year the parents of the murdered teenager Milly Dowler also wrote
to Cameron asking him to reconsider the bill urging him to abandon legal
reforms that will prevent victims suing for compensation. A Downing
Street spokesman said on that occasion: "The government is absolutely
committed to ensuring that people can access the justice system
regardless of their financial situation, which is why we are committed
to maintaining 'no win, no fee' arrangements.
"There are many deserving cases brought before the courts. But we have
to stop the abuse of the system by others pursing excessive, costly and
unnecessary cases. Under the current arrangements, innocent defendants
can face enormous costs, which can discourage them from fighting cases.
This simply isn't fair.
"By balancing the costs more fairly between the claimant and defendant,
these changes will ensure that claimants will still be able to bring
deserving claims, and receive damages where they are due, and most
importantly they will make the no win, no fee system sustainable for the
future.
"So in order to ensure that the no win, no fee cases continue to provide
fair access to justice for all, we have to make changes."
The Dowlers' lawyer, Mark Lewis, said: "The reply we got from David
Cameron simply said that their sort of high-profile case would always be
able to get legal help, but said nothing about how they could protect
themselves from Mr Murdoch's costs if they had lost, given the abolition
of the insurance arrangements. And anyway, why should only so-called
high-profile cases have access to justice? The law should not pick and
choose in that way." |