The transcripts of the official inquiry into the culture, practices and ethics of the press. More…

Lord Justice Jackson made two recommendations. One was to very much reduce the size of the success fee, which the Government accepted. The other was to abolish the recoverability of after the event insurance premiums, but to replace it with qualified one-way cost shifting.

The Government agreed to abolish the recoverability of the insurance, but didn't introduce in defamation and privacy cases the qualified one-way cost shifting.

So the provisions will be, when these provisions come into force, that someone who brings a defamation or privacy case with the benefit of a conditional fee agreement isn't able to protect themselves against exposure to the other side's costs by after the event insurance.

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