Opt-out Collective Court Actions and Connected Litigation Funding

Debate between Lord Lemos and Baroness Brinton

Thursday 3rd September 2026 Lords Chamber

[Lord Lemos (Lab)]

I do recognise that, and I know the history of Sir Alan Bates’ involvement in this. Sir Alan Bates has spoken openly about how, without a litigation funding agreement, he and the sub-postmasters would not have had their day in court. We agree with Sir Alan that third-party funding is crucial for enabling ordinary people to access justice. The access to justice point is the centre of why we think this is important, and I know that is what noble Lords feel too. With group and consumer claims, third-party funding under a litigation funding agreement is often the only option people have to bring a claim. I note the comments of the noble Lord, Lord Carlile, about access to legal aid as well. I want to reassure the noble Lord, Lord Arbuthnot, that we understand the importance of it in relation to the sub-postmasters and to Sir Alan Bates.

[Baroness Brinton (LD)]

My Lords, the Minister for Justice, Sarah Sackman, said in her Written Statement in December last year that legislation would be an absolute priority, and she quoted Sir Alan Bates earlier in the Statement. It is vital that any regulation ensures that claimants and victims, especially of the Post Office Horizon scandal, are given full information before they make decisions about whether it is worth continuing with the scheme. Can the Minister say whether there will be such help for claimants and victims?

[Lord Lemos (Lab)]

That is why we think light-touch regulation is important here. Transparency is important for consumers in these situations. I see the noble Baroness smile. I know the phrase “light touch” receives a hollow laugh—I used to be a financial services regulator myself. The Government do feel that there is a need to get this on to a proper regulatory footing. I can say a lot more about this; I promise not to be boring. I suspect a lot of the questions I am going to be asked are about urgency and getting on with it. As well as what I have said about finding the appropriate legislative vehicle, I will go back to Minister Sackman to have a discussion about this. As the noble Baroness knows, I have had rather a busy week. It is above my pay grade to give a commitment, but I will press the case. If I get anywhere, I will buy the noble Lord, Lord Carlile, a cup of tea, and if he likes the answer, he can buy me a glass of champagne.