Legal Aid, Sentencing and Punishment of Offenders Bill
Debate between Ian C. Lucas and Jonathan Djanogly(12 years, 7 months ago)
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Mr Djanogly
As I have said, this is not an issue of causation. I heard Lord Thomas speak in the other place yesterday, and I very much agree with what he had to say, which was essentially that in cases in which causation is not an issue, there is—in many respects—no reason why solicitors should have a success fee for that type of work. But the Opposition have made their case, as have others, and the Government have to deal with things as they stand. That is why we are offering to make this concession, but it is a time-limited concession only. The overall Jackson reforms stand as our preferred way to move forward.
Ian Lucas (Wrexham) (Lab)
I am grateful to the Minister for having listened closely to the debate last week and to the debate in the House of Lords. But is it not the case that this legislation facilitates a solicitor recovering a success fee from the client’s damages, and that if this legislation did not proceed, that could not happen?
Mr Djanogly
No. The hon. Gentleman rather distorts the implications of the legislation. We are capping success fees, which are currently 100%, at 25%.
Legal Aid, Sentencing and Punishment of Offenders Bill
Debate between Ian C. Lucas and Jonathan Djanogly(12 years, 7 months ago)
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Mr Djanogly
The Government recognise that mesothelioma is a truly terrible disease—a terminal illness that has a devastating impact on the families of its victims—and we are wholly committed to doing everything we can to help its victims to achieve justice and get the support that they deserve. The Lords amendments seeking to exempt mesothelioma and industrial disease cases from our reforms to no win, no fee agreements in part 2 of the Bill are not the right way to advance the cause of sufferers.
Mr Djanogly
Perhaps the hon. Gentleman will give me a chance to put forward our opposition to the amendments.
First, the amendments are unnecessary. The legal climate in which mesothelioma cases can be brought has wholly changed in recent years, and nothing in our proposals should prevent cases from being taken or those affected from receiving appropriate damages. Secondly, in making an exception to our change to the no win, no fee conditional fee arrangements regime, the amendments would create inconsistency and damage the wider goal of our reforms—to restore sense to the costs of litigation, which have been substantially increased by the way in which no win, no fee cases operate, largely to the detriment of defendants.
Mr Djanogly
This is not a question of whether mesothelioma sufferers receive adequate legal support but of how much their lawyers get paid for providing it. We are saying that that must be more reasonably assessed, and that is the point of our reforms.
Let me remind hon. Members that the current regime of no win, no fee conditional fee agreements was meant to promote access to justice but has frequently ended up as something of a racket allowing risk-free litigation for claimants, inflated profits for legal firms, and punitive additional costs for defendants.
Oral Answers to Questions
Debate between Ian C. Lucas and Jonathan Djanogly(12 years, 9 months ago)
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Mr Djanogly
Unfortunately, the trade unions did not provide their lawyers’ success fee details, or their referral fee income details, to the consultation. However, given that they have received more than £550,000 in donations from personal injury lawyers, it seems that the unions’ lawyers are not entirely disinterested in the outcome of our attempt to rein in the compensation culture.
Ian Lucas (Wrexham) (Lab)
How is it that an individual on remand for murder can hang himself while in custody? Will the Secretary of State hold an urgent inquiry?