Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Elfyn Llwyd and Ian C. Lucas

Tuesday 17th April 2012 Commons Chamber

[Ian Lucas]

I shall be brief, Madam Deputy Speaker. I have read an excellent letter from my right hon. Friend the Member for Wythenshawe and Sale East (Paul Goggins) to the Lord Chancellor, which set out an unanswerable case against this proposal. It is wrong, in principle, that the Government are proposing this evening to reduce the damages of a successful mesothelioma claimant. I am a solicitor, and I did not go into the law to take damages away from a dying person, pending the outcome of a claim.

I have been very much strengthened in my conviction by the words of my constituent Marie Hughes, whose husband, Phil, a massively respected head teacher in Wrexham, died from mesothelioma, having worked for four years at the Brymbo steelworks in his youth. She has written to me explaining, in her own words, why she thinks this proposal is wrong, and I am going to read this out to the Minister, whom I respect. I hope that he will listen. She says:

“Had we had to undergo the further anxiety of financial implications we would not have attempted to claim. The thought of ‘shopping around’ for deals on success fees like other claimants as the Government suggests would be an unimaginable burden. Any monies available were needed to sustain our day to day costs, my inability to go to work while my husband was ill, and the need for travelling/sustenance funding when receiving treatment away from home, also supporting our family in further education. If there was a chance of treatment, we could not gamble with our savings as the stakes were too high. By the final 3 months of Phil’s life, tumours had also developed on his spine resulting in paralysis from the chest down—and all this while he was fighting to breathe.

My husband was not there to proudly escort his daughter down the aisle, though he had spoken of this dream several times during our precious time together. He never saw grandchildren. He bravely bore his condition and battled to the end but Mesothelioma takes no prisoners.”

I appeal to Government Members to reconsider their position. They should listen to the Lords and accept the amendment. To take damages away from these victims would be an appalling act of which the Government should be ashamed.

[Mr Llwyd]

I agreed with everything the hon. Member for Wrexham (Ian Lucas) said. His views are shared by many Members on the Opposition Benches—and one or two on the Government Benches as well, I am sure.

I want to speak briefly to amendments 31 and 32. I am sure I am not the only MP who has received many representations on the important issue in question. Lawyers should not skin people who are dying. I was a lawyer—both a solicitor and a barrister—and I would be ashamed of taking back as much as possible from the damages claims of people who may not have long to live. That is disgusting, but there is a very real worry that the Government are creating that problem in attempting to address what they call the compensation culture. Many of us do not recognise that such a culture exists, but even if it does, it involves petty claims such as whiplash injuries and people tripping up, or pretending to trip up, on pavements. In trying to sort out that problem, the Government are creating a problem for industrial injuries cases.

Under clause 43, a success fee under a conditional fee arrangement will not be recoverable from a losing party in all proceedings. Instead, it will be paid out of the damages of the injured person, meaning they may lose 25% of their damages.