Report (4th Day)

Part of Legal Aid, Sentencing and Punishment of Offenders Bill – in the House of Lords at 9:00 pm on 14 March 2012.

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Photo of Lord Thomas of Gresford Lord Thomas of Gresford Liberal Democrat 9:00, 14 March 2012

My Lords, I am not so much disappointed as hurt by my noble and learned friend's reply. I am hurt that he thinks that my amendments would increase the cost. The whole purpose of tabling these amendments was to come forward with a system that squeezes the excess costs of litigation out of the system. This is one area where he is wrong to make that suggestion.

The other matter that concerns me is that the Minister should suggest that I am in some way completely wrecking the architecture of the Bill. I am not; I am trying to make it better for one reason. The one factor that was missing from his response was whether litigation solicitors and barristers will take on difficult and risky cases under the regime that is now proposed. It is not about the Jackson proposals in toto, although various things are left out. This is the issue. Only time will tell. Will solicitors take these cases on when the success fee has been squeezed down in the way that is proposed?

I was suggesting that for one level-for settlements and so on-there should not be a success fee because there is no risk. That brings down the cost of litigation as a whole. However, where there are risky cases lawyers need a proper reward. That factor was not mentioned in my noble and learned friend's response. I hope to talk to him more about this matter before we finally dispose of the Bill but, for the moment, I beg leave to withdraw the amendment.

Amendment 132B withdrawn.

Amendments 132C to 132E not moved.

Amendment 133

Moved by Lord Martin of Springburn

133: Clause 43, page 30, line 24, leave out subsection (4)