Sexual Offences Legislation

Debate between Lord Keen of Elie and Lord Hayward

Tuesday 22nd May 2018 Lords Chamber

[Lord Keen of Elie]

I am not sure that I would necessarily draw a strict distinction between those two terms, but clearly no charge will made unless the police have an element of evidence. Where a case is not proceeded with by way of prosecution, that may be because of an absence of a sufficiency of evidence.

[Lord Hayward (Con)]

Further to the answer that I understood my noble and learned friend to give earlier on, will he recognise that many people who have faced such accusations have spent many hundreds of thousands of pounds dealing with lawyers and seeking representation to clear their name before any decision is taken about no further action? To suggest that they should then pursue redress implies that they have the resources to pursue that claim. For many of them, that is just not financially practicable.

[Lord Keen of Elie]

My Lords, I entirely agree with the observations of my noble friend: it may well be that some of those who are charged and indeed prosecuted and found not guilty of an offence do not have the means to take civil action in order to vindicate a complaint about the way in which they were treated.

Personal Injury Claims: Motor Vehicle Incidents

Debate between Lord Keen of Elie and Lord Hayward

Wednesday 1st March 2017 Lords Chamber

[Lord Hayward]

To ask Her Majesty’s Government what progress has been made in tackling the abuse of personal injury claims relating to incidents involving motor vehicles.

[The Advocate-General for Scotland (Lord Keen of Elie) (Con)]

My Lords, reforms to address road traffic accident-related soft tissue or whiplash personal injury claims have been taken forward through the Prisons and Courts Bill, introduced on 23 February. These include a fixed tariff of compensation for whiplash claims and a prohibition on offers to settle such claims without medical evidence. A number of changes to the small claims limit for personal injury will also be made.

[Lord Hayward (Con)]

My noble friend will be aware that a year ago to the day I asked a Question in relation to John Elvin, who reported to his insurer, Sheilas’ Wheels, an accident that he was convinced would be the subject of a false whiplash claim. It was settled and we now have the figures. Sheilas’ Wheels paid £1,500 for damage to a car that was not inspected and the people concerned were given over £6,000 for personal injury, despite the fact that they were able to leap out of the car and protest about a non-existent injury. Is it not the case that the industry has enough to do in putting its position right, as well as dealing with other issues that apply in these cases?

[Lord Keen of Elie]

My Lords, I quite understand the point that has been made. That is why we have included in the proposed legislation a ban on insurers making offers to settle such claims without medical evidence. We have of course addressed the issue of medical reports through the MedCo scheme.