I will come to what I think is one of the most important points—my final substantive point—which is about costs. My hon. Friend the Member for Isle of Wight and a number of other colleagues have talked about the way in which costs are used—I think his words were to “financially destroy” journalists. As has been made clear, SLAPPs often threaten journalists with ruinous cost claims. In recent years, civil litigation costs, including defamation, have been subject to greater control. The Government commenced the no win, no fee conditional fee agreement—the CFA reforms—in part 2 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, for defamation and privacy cases. This meant that the lawyer’s success fee was no longer payable by the losing party. This further controls the costs of these cases and gave effect to our legal obligations under the MGN v. UK judgment of the European Court of Human Rights in 2011. We are keeping the existing costs protection regime in place for the time being. This means that after-the-event insurance premiums are recoverable for defamation and privacy cases as the CFA reforms are in force. The ATE regime enables parties with a good case to litigate and discharge their article 10 rights for freedom of expression without the fear of having to pay potentially ruinous legal costs if their case fails. This approach controls costs but protects access to justice, as parties with good cases can still benefit from recoverable ATE insurance in respect of adverse costs.
We also introduced a rule that means that costs that are disproportionate will not be recoverable even when they are reasonably or necessarily incurred. The rule is intended to control the costs of activity that is clearly disproportionate to the value, complexity and importance of the claim, as is the case in SLAPPs.
Let me be absolutely clear, however: if more action is needed, I am happy to look at it. I recognise that this is an important issue. [Interruption.] I thought that was another phantom intervention—I apologise. I will wrap up.
This country will always support vigorous debate, here and abroad, and our rule of law requires it. Where we see proof that foreign sources seek to undermine our values, using the law against our national interests, the Government are poised to act. I ask today’s speakers to work with us as we consider the full sweep of legislative and regulatory reforms available to stop lawfare on our soil. The debate has had an impact, and we will respond. I am grateful to all speakers who have taken part.
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