Justice: Personal Injury Cases

Baroness Seccombe Excerpts

Tuesday 20th December 2011 Lords Chamber

[Lord Wallace of Tankerness]

My Lords, I am not aware that it has made any further pronouncements on the matter. However, the Government believe that a conditional fee arrangement backed by ATE insurance will ensure that the vast majority of clinical negligence claims will be able to be investigated and that the ATE insurance market will adapt to the new arrangements. It is also important to point out that in Clause 9 of the Bill there is an exceptional funding scheme, which may well be relevant in profoundly serious cases where clinical negligence arises. However, I am sure that my noble friend will make a contribution on these matters when this is debated, I hope next month.

[Baroness Seccombe]

My Lords, does my noble friend agree that people in minor accidents are sometimes encouraged to find that they have whiplash, which encourages a lawyer to say that they must be legally represented?

[Lord Wallace of Tankerness]

My Lords, I made the point earlier that there is little or no risk involved in many cases, but I also think—and this relates to my noble friend’s point—that some cases in which a claimant is funding their own legal costs may well never come to court, whereas if all their fees are paid for them it may be easier to pursue the claim.