Oral Answers to Questions

Debate between Lord Clarke of Nottingham and Gordon Marsden

Tuesday 13th September 2011 Commons Chamber

[Mr Clarke]

If the hon. Gentleman wants to widen this argument, which is perfectly legitimate, to include a general proposition as well as multinational company cases, the questions must be: how much is proportionate to the claim when it comes to paying costs, and what effect does no win, no fee, since it was changed, have on the judgment on both sides? We do not want such cases to be such a high earner for the plaintiffs’ lawyers that they are prepared to bring more speculative cases, which is happening at the moment. Nor do we want pressure to be put on defendants who have a perfectly sound defence, forcing them to say, “We cannot defend ourselves, because it will cost us less to pay a nuisance fee by way of settlement.” Justice involves striking a balance between what the lawyers are paid and what the plaintiffs get by way of compensation.

[Mr Gordon Marsden (Blackpool South) (Lab)]

4. What assessment he has made of the proposal to allow a right of appeal of decisions by judges to grant bail following the death of Jane Clough and other cases.