Asked by: Lord Patten (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the protections available to consumers who seek compensation via class action lawsuits offered by lawyers and litigation funders.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government, in conjunction with other bodies such as the Civil Justice Council (a statutory advisory body), professional bodies and regulators, keeps the civil justice system and regulatory framework under review to ensure it is operating effectively, fairly and transparently.
Protections for consumers who seek compensation through collective action litigation are provided through the legal and regulatory framework governing legal services. The Solicitors Regulation Authority (SRA) independently regulates solicitors and most law firms in England and Wales, including those advising consumers in collective action claims, and requires them to comply with professional standards to protect consumers. This includes duties to act in clients’ best interests, to provide clear and transparent information about costs and risks, and for firms to maintain effective complaints-handling procedures to allow consumers to seek redress. Where appropriate, consumers can also refer their complaints to the Legal Ombudsman, which considers complaints about the standard of legal services provided.
We are aware of concerns around fairness and transparency in cases funded by third-party litigation funders, many of which are collective action cases. In light of these concerns, the Civil Justice Council carried out a thorough and wide-ranging review of litigation funding which has been critical in informing our policy development in this area. As recommended by the Council, we will introduce a new regulatory framework aimed at enhancing claimant protection, transparency, and the effectiveness of the litigation funding market. We recognise the critical role third-party litigation funding plays in access to justice. That is why we are committed to ensuring it works fairly for all. We will outline next steps in due course.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, with reference to his Department’s press release entitled Free access to sentencing remarks for all victims, published on 19 January 2026, whether his Department has considered the potential merits of including free access for victims to judges' remarks on cases that result in acquittal.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice does not hold data on (a) the amounts victims of crime have paid to obtain sentencing remarks, (b) the number of victims who have withdrawn their request, or (c) the reasons for any withdrawal.
Currently, bereaved families of homicide victims and victims of rape and other sexual offences are eligible to apply for a free transcript of the relevant sentencing remarks. This provision is being expanded to all victims where the case in question was sentenced in the Crown Court, through the Sentencing Act. Sentencing remarks were selected for this provision as they provide a clear summary of the case and explain how the trial outcome was reached. Extending free provision to cases resulting in an acquittal is not possible as there would be no equivalent to sentencing remarks to transcribe and provide.
We continue to work closely with the judiciary and criminal justice partners to ensure victims are provided with clear, accessible information at every stage of the process, including where a defendant is acquitted. This includes through existing channels such as Witness Care Units, who hold a responsibility under Right 9 of the Victims Code to update victims on the outcome of the case or trial including, where available, a brief summary of reasons for the decision.
Expansion of free provision to summary remarks in the magistrates’ courts is not currently under consideration. As trial and sentencing proceedings in the magistrates’ courts are not currently recorded, transcripts cannot be provided either through payment or free of charge. This is being kept under review as the system moves towards the recording of magistrates’ proceedings.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what information his Department holds on the number of victims of crime who withdrew their request for a copy of a judge's sentencing remarks due to the cost since 2020.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice does not hold data on (a) the amounts victims of crime have paid to obtain sentencing remarks, (b) the number of victims who have withdrawn their request, or (c) the reasons for any withdrawal.
Currently, bereaved families of homicide victims and victims of rape and other sexual offences are eligible to apply for a free transcript of the relevant sentencing remarks. This provision is being expanded to all victims where the case in question was sentenced in the Crown Court, through the Sentencing Act. Sentencing remarks were selected for this provision as they provide a clear summary of the case and explain how the trial outcome was reached. Extending free provision to cases resulting in an acquittal is not possible as there would be no equivalent to sentencing remarks to transcribe and provide.
We continue to work closely with the judiciary and criminal justice partners to ensure victims are provided with clear, accessible information at every stage of the process, including where a defendant is acquitted. This includes through existing channels such as Witness Care Units, who hold a responsibility under Right 9 of the Victims Code to update victims on the outcome of the case or trial including, where available, a brief summary of reasons for the decision.
Expansion of free provision to summary remarks in the magistrates’ courts is not currently under consideration. As trial and sentencing proceedings in the magistrates’ courts are not currently recorded, transcripts cannot be provided either through payment or free of charge. This is being kept under review as the system moves towards the recording of magistrates’ proceedings.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, how many victims of crime paid (a) £40 and (b) more than £40 to access sentencing remarks since 2020.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice does not hold data on (a) the amounts victims of crime have paid to obtain sentencing remarks, (b) the number of victims who have withdrawn their request, or (c) the reasons for any withdrawal.
Currently, bereaved families of homicide victims and victims of rape and other sexual offences are eligible to apply for a free transcript of the relevant sentencing remarks. This provision is being expanded to all victims where the case in question was sentenced in the Crown Court, through the Sentencing Act. Sentencing remarks were selected for this provision as they provide a clear summary of the case and explain how the trial outcome was reached. Extending free provision to cases resulting in an acquittal is not possible as there would be no equivalent to sentencing remarks to transcribe and provide.
We continue to work closely with the judiciary and criminal justice partners to ensure victims are provided with clear, accessible information at every stage of the process, including where a defendant is acquitted. This includes through existing channels such as Witness Care Units, who hold a responsibility under Right 9 of the Victims Code to update victims on the outcome of the case or trial including, where available, a brief summary of reasons for the decision.
Expansion of free provision to summary remarks in the magistrates’ courts is not currently under consideration. As trial and sentencing proceedings in the magistrates’ courts are not currently recorded, transcripts cannot be provided either through payment or free of charge. This is being kept under review as the system moves towards the recording of magistrates’ proceedings.
Asked by: James McMurdock (Independent - South Basildon and East Thurrock)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, pursuant to his Department’s press release entitled ‘Free access to sentencing remarks for all victims’ published on 19 January 2026, whether his Department has any plans to extend free access for victims to judge's remarks to cases heard in magistrates courts.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Ministry of Justice does not hold data on (a) the amounts victims of crime have paid to obtain sentencing remarks, (b) the number of victims who have withdrawn their request, or (c) the reasons for any withdrawal.
Currently, bereaved families of homicide victims and victims of rape and other sexual offences are eligible to apply for a free transcript of the relevant sentencing remarks. This provision is being expanded to all victims where the case in question was sentenced in the Crown Court, through the Sentencing Act. Sentencing remarks were selected for this provision as they provide a clear summary of the case and explain how the trial outcome was reached. Extending free provision to cases resulting in an acquittal is not possible as there would be no equivalent to sentencing remarks to transcribe and provide.
We continue to work closely with the judiciary and criminal justice partners to ensure victims are provided with clear, accessible information at every stage of the process, including where a defendant is acquitted. This includes through existing channels such as Witness Care Units, who hold a responsibility under Right 9 of the Victims Code to update victims on the outcome of the case or trial including, where available, a brief summary of reasons for the decision.
Expansion of free provision to summary remarks in the magistrates’ courts is not currently under consideration. As trial and sentencing proceedings in the magistrates’ courts are not currently recorded, transcripts cannot be provided either through payment or free of charge. This is being kept under review as the system moves towards the recording of magistrates’ proceedings.
Asked by: Tom Hayes (Labour - Bournemouth East)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what assessment he has made of the potential implications for his policies of the frequency of late delivery of prisoners to court by contractors Serco and GEOAmey.
Answered by Jake Richards - Assistant Whip
The performance of the criminal justice system as a whole against the requirement for timely delivery of prisoners to court is 98.31%. The latest available annual figure (1 December 2024 to 30 November 2025) for Prisoner Escort and Custody Service contractors’ performance against the indicators on timely delivery is 99.92%. We keep the contractors’ performance under constant review.
Penalties, known as service credits, are incurred for delays attributable to failure on the part of the contractor. They are calculated from the point 15 minutes after court proceedings are ready to commence – provided it is within the agreed court start times. A service credit is incurred for every subsequent 15 minutes of delay, or part thereof (in which case the supplier is penalised for a full fifteen minutes).
During the 12 months from 1 December 2024 to 30 November 2025, out of 343,638 journeys to court undertaken by the Prisoner Escort and Custody Service, there were 273 instances of failure that resulted in service credits being paid by suppliers for late delivery of a prisoner to either the Crown Court or a magistrates’ court.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what safeguards they plan to introduce alongside legislation to reverse the effect of R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 to prevent speculative or disproportionate litigation that could negatively impact economic growth.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government has not carried out a formal assessment of the economic impact of the UK Supreme Court’s judgment in PACCAR on businesses, publicly funded bodies, or stability of the litigation funding sector. There is also no official estimate on the cost of defending and settling increased volumes of funder-backed litigation against public bodies. However, the Civil Justice Council carried out a thorough and holistic review of litigation funding which the Government has welcomed and has been used to inform our policy development in this area. The Council’s full report can be found here and its interim report and public consultation can be found here. Alongside the public consultation, the Council established both a core Working Group and Consultation Group to ensure a wide range of perspectives informed the development of its recommendations.
As announced via Written Ministerial Statement on 17 December 2025, we intend to legislate to implement the Council’s recommendations to mitigate the effects of the PACCAR judgment and introduce proportionate regulation of Litigation Funding Agreements (LFAs) when parliamentary time allows. The legislation will restore the availability of LFAs as a source of funding by clarifying that they are not Damages Based Agreements, and ensure there is a regulatory regime that protects those signing up to LFAs.
The new regulatory framework will take a balanced and holistic approach, with appropriate consideration for financial impacts on public bodies, implications for businesses, and wider economic factors. These will complement the existing safeguards preventing speculative and disproportionate litigation, such as the power in Part 3 of the Civil Procedure Rules for the court to dismiss any claim with no reasonable grounds. There are no current plans to introduce further measures beyond those announced on 17 December 2025 until we have considered the Council’s remaining recommendations in more detail.
We recognise the critical role third-party litigation funding can play in access to justice and in the attractiveness of England and Wales as a jurisdiction to resolve disputes, as well as the need to ensure that it works fairly and proportionately for all involved. We will outline next steps in due course.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the potential financial impact on publicly funded bodies of an increase in collective or mass claims as a result of introducing legislation to reverse the effect of R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government has not carried out a formal assessment of the economic impact of the UK Supreme Court’s judgment in PACCAR on businesses, publicly funded bodies, or stability of the litigation funding sector. There is also no official estimate on the cost of defending and settling increased volumes of funder-backed litigation against public bodies. However, the Civil Justice Council carried out a thorough and holistic review of litigation funding which the Government has welcomed and has been used to inform our policy development in this area. The Council’s full report can be found here and its interim report and public consultation can be found here. Alongside the public consultation, the Council established both a core Working Group and Consultation Group to ensure a wide range of perspectives informed the development of its recommendations.
As announced via Written Ministerial Statement on 17 December 2025, we intend to legislate to implement the Council’s recommendations to mitigate the effects of the PACCAR judgment and introduce proportionate regulation of Litigation Funding Agreements (LFAs) when parliamentary time allows. The legislation will restore the availability of LFAs as a source of funding by clarifying that they are not Damages Based Agreements, and ensure there is a regulatory regime that protects those signing up to LFAs.
The new regulatory framework will take a balanced and holistic approach, with appropriate consideration for financial impacts on public bodies, implications for businesses, and wider economic factors. These will complement the existing safeguards preventing speculative and disproportionate litigation, such as the power in Part 3 of the Civil Procedure Rules for the court to dismiss any claim with no reasonable grounds. There are no current plans to introduce further measures beyond those announced on 17 December 2025 until we have considered the Council’s remaining recommendations in more detail.
We recognise the critical role third-party litigation funding can play in access to justice and in the attractiveness of England and Wales as a jurisdiction to resolve disputes, as well as the need to ensure that it works fairly and proportionately for all involved. We will outline next steps in due course.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the financial stability of the litigation funding sector, and whether introducing legislation to reverse the effect of R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28 will increase systemic financial risk and volatility within that sector.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government has not carried out a formal assessment of the economic impact of the UK Supreme Court’s judgment in PACCAR on businesses, publicly funded bodies, or stability of the litigation funding sector. There is also no official estimate on the cost of defending and settling increased volumes of funder-backed litigation against public bodies. However, the Civil Justice Council carried out a thorough and holistic review of litigation funding which the Government has welcomed and has been used to inform our policy development in this area. The Council’s full report can be found here and its interim report and public consultation can be found here. Alongside the public consultation, the Council established both a core Working Group and Consultation Group to ensure a wide range of perspectives informed the development of its recommendations.
As announced via Written Ministerial Statement on 17 December 2025, we intend to legislate to implement the Council’s recommendations to mitigate the effects of the PACCAR judgment and introduce proportionate regulation of Litigation Funding Agreements (LFAs) when parliamentary time allows. The legislation will restore the availability of LFAs as a source of funding by clarifying that they are not Damages Based Agreements, and ensure there is a regulatory regime that protects those signing up to LFAs.
The new regulatory framework will take a balanced and holistic approach, with appropriate consideration for financial impacts on public bodies, implications for businesses, and wider economic factors. These will complement the existing safeguards preventing speculative and disproportionate litigation, such as the power in Part 3 of the Civil Procedure Rules for the court to dismiss any claim with no reasonable grounds. There are no current plans to introduce further measures beyond those announced on 17 December 2025 until we have considered the Council’s remaining recommendations in more detail.
We recognise the critical role third-party litigation funding can play in access to justice and in the attractiveness of England and Wales as a jurisdiction to resolve disputes, as well as the need to ensure that it works fairly and proportionately for all involved. We will outline next steps in due course.
Asked by: Baroness Bowles of Berkhamsted (Liberal Democrat - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the potential economic impact of introducing legislation to reverse the effect of R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others [2023] UKSC 28, including the impact on business confidence and investment in the UK.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Government has not carried out a formal assessment of the economic impact of the UK Supreme Court’s judgment in PACCAR on businesses, publicly funded bodies, or stability of the litigation funding sector. There is also no official estimate on the cost of defending and settling increased volumes of funder-backed litigation against public bodies. However, the Civil Justice Council carried out a thorough and holistic review of litigation funding which the Government has welcomed and has been used to inform our policy development in this area. The Council’s full report can be found here and its interim report and public consultation can be found here. Alongside the public consultation, the Council established both a core Working Group and Consultation Group to ensure a wide range of perspectives informed the development of its recommendations.
As announced via Written Ministerial Statement on 17 December 2025, we intend to legislate to implement the Council’s recommendations to mitigate the effects of the PACCAR judgment and introduce proportionate regulation of Litigation Funding Agreements (LFAs) when parliamentary time allows. The legislation will restore the availability of LFAs as a source of funding by clarifying that they are not Damages Based Agreements, and ensure there is a regulatory regime that protects those signing up to LFAs.
The new regulatory framework will take a balanced and holistic approach, with appropriate consideration for financial impacts on public bodies, implications for businesses, and wider economic factors. These will complement the existing safeguards preventing speculative and disproportionate litigation, such as the power in Part 3 of the Civil Procedure Rules for the court to dismiss any claim with no reasonable grounds. There are no current plans to introduce further measures beyond those announced on 17 December 2025 until we have considered the Council’s remaining recommendations in more detail.
We recognise the critical role third-party litigation funding can play in access to justice and in the attractiveness of England and Wales as a jurisdiction to resolve disputes, as well as the need to ensure that it works fairly and proportionately for all involved. We will outline next steps in due course.