Oral Answers to Questions

Edward Leigh Excerpts

Tuesday 13th March 2012 Commons Chamber

[Mr Clarke]

We see no evidence at all that this would give rise to increased costs. It is extremely difficult to anticipate precisely the effect of there being more litigants in person because the evidence is so mixed. We are concentrating, particularly in the family division, on dealing with more cases by way of mediation. Adversarial litigation is not always the best way of resolving problems; there are many better alternative ways of resolving disputes in suitable cases. We are putting more money into mediation and less into taxpayers paying for lawyers.

[Mr Edward Leigh (Gainsborough) (Con)]

While I would like to argue that my right hon. and learned Friend owes a duty of care to our joint profession, does not experience tell us that people are not necessarily happiest when in the hands of lawyers?

[Mr Clarke]

I am sure that they are very happy when being advised by my hon. Friend or by me, but I have encountered examples of dissatisfaction in other cases. Most people dread a dispute in which they are involved having to go to court through the full legal process. Most disputes are settled by negotiation, but if the parties cannot do that, mediation is a very good way of resolving them, particularly in emotional family disputes. The whole justice system should be seen as a public service. We are seeking to resolve disputes in the quickest possible way at the least possible cost to the parties involved. It is too often thought that access to justice means that the taxpayer has to keep paying for more and more lawyers to take part in longer and longer litigation. That is not always the best way of resolving many things.