Legal Aid, Sentencing and Punishment of Offenders Bill

Debate between Nia Griffith and Jonathan Djanogly

Tuesday 17th April 2012 Commons Chamber

[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.

[Nia Griffith (Llanelli) (Lab)]

Can the Minister tell us of one case in which a mesothelioma sufferer has taken something to court that did not deserve to go there—one case in which a sufferer from this horrible disease, which leaves them dying in a horribly painful way, has in any way abused the system?

[Mr Djanogly]

Let me repeat what I said: this is not a question of whether the person making a claim has a valid claim but of how much his lawyer gets paid. That is what we are looking at, and that is where the system needs reform. To be clear—I say that because I have heard that some hon. Members are not clear about this specific point—I emphasise that under our proposals the client’s lawyer’s costs will still be recoverable from the losing other side.

However, clauses 46 and 48 abolish the recoverability of the success fees and insurance premiums that have pushed up prices for everyone.