Question to the Ministry of Justice:

To ask the Secretary of State for Justice, what assessment he has made of the adequacy of civil justice processes in providing effective access to justice for claimants; and if he will publish any data on the average percentage of a claimant's compensation award which is taken up by legal and third party costs.

The Government is committed to ensuring access to justice, and we welcomed the Justice Committee’s recent inquiry into the Work of the County Court. As the Government acknowledged in its response, the County Court faces substantial challenges. However, performance is beginning to turn a corner with good progress being made towards a more efficient, timely and digitised service; and we expect this to continue.

The Civil Justice Council (CJC) is a statutory body that advises the Lord Chancellor, the judiciary, and the Civil Procedure Rule Committee. Amongst its statutory functions, the CJC keeps the civil justice system under review and makes recommendations on, how to make the civil justice system more accessible, fair, and efficient. The CJC’s recent report into litigation funding has been critical in helping shape Government policy on improving the civil justice system.

Claimants may be able enter into a private agreement with a lawyer using a Conditional Fee Agreement or a Damages Based Agreement, or with a third-party funder using a Litigation Funding Agreement. Such agreements usually mean that a claimant will not have to pay all or part of their own legal costs unless they win their case. This payment would usually be deducted from the compensation awarded, though it could be defined as a percentage of compensation or a multiple of legal base costs, depending on the type of agreement used. Solicitors should inform their clients of any fees, and the circumstances in which their fees, or part of their fees, are payable.

The Ministry of Justice does not hold data on the average percentage of a claimant’s compensation award that is taken up by legal and third-party costs.