CFAs - the media fight back

More than a dozen media groups in their response to the DCA consultation paper Making Simple CFAs a Reality complained that solicitors are holding them to ransom in libel claims by abusing Conditional Fee Agreements. Because of the 100% success fee, news organisations are being forced into settling out of court rather than risk being faced with huge legal bills. Even where a claimant can afford to pay their fees, solicitors are taking strong cases on a CFA basis to enable them to obtain a 100% markup of their costs. On the other hand, claimants who cannot afford to pay any costs ordered against them are being represented under CFAs without taking out insurance to enable them to pay the costs awarded against them if they lose.