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http://www.beta.frontlineclub.com/what_could_a_libel_reform_mean_for_journalists/ Championing Independent Journalism Mon, 03 Sep 2012 13:37:40 +0000 hourly 1 https://wordpress.org/?v=6.9.4 http://www.beta.frontlineclub.com/what_could_a_libel_reform_mean_for_journalists/#comment-1726 Fri, 09 Apr 2010 00:09:03 +0000 http://www.beta.frontlineclub.com/dev/?p=4145#comment-1726 Just a small clarification on success fees. They are not automatically 100% – they are potentially that much.
There are two processes which decide the success fee. Firstly the CFA lawyer conducts a risk assessment of the case and the riskier it is, ie the greater the chance of it not succeeding, the higher the percentage success fee. So, if the lawyer takes on a case with a good chance of success based on that risk assessment they should not charge a 100% success fee.
Secondly, if costs are awarded against the defendant, they can ask the court to examine the success fee. The court can then look into the fee and vary the percentage depending on the judge’s view of the risks of taking on the case etc.
So a CFA lawyer could charge double fees, but very often does not.
Nevertheless, they get a good rate, and the mere threat of being sued by a CFA lawyer os enough to make many regional papers on limited budgets settle. Which is why Jack Straw’s 10% cap was such a good idea.

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