Shadow Justice Secretary asks probing questions of civil litigation costs

Questions, questions and more questions, in fact 48 (all listed below) were tabled by the Shadow Justice Secretary, Andy Slaughter, in the House of Commons on Wednesday 1st December 2010 on proposed changes to civil litigation funding and costs.

A response is expected on the 3rd December 2010, so watch this space for an update.

• Mr Andy Slaughter: How many cases brought against the National Health Service Litigation Authority were funded by (a) legal aid, (b) a conditional fee agreement and (c) by other forms of funding in each of the last three years; and how many in each category resulted in a compensation payment.


• Mr Andy Slaughter: What estimate he has made of the (a) total and (b) average annual amount that claimants who do not have to contribute towards the costs of their claims would have to contribute following implementation of the proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What estimate he has made of the annual number of claimants who do not have to contribute towards the costs of their claims and would have to do so as the consequence of implementation of the proposals in the Civil Litigation Funding Green Paper; and what estimate he has made of the number of such claimants who would consequently be deterred from bringing claims.


• Mr Andy Slaughter: What maximum guideline hourly rate he proposes following implementation of the proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: When he plans to publish the outcome of his consultations on (a) the Legal Aid Green Paper and (b) the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What estimate he has made of the annual number and proportion of viable personal injury claims that are not pursued.


• Mr Andy Slaughter: What proportion of personal injury claims are low-value road traffic cases qualifying for the new portal system.


• Mr Andy Slaughter: How many cases have not been proceeded with under the low-value road traffic cases portal system owing to the failure of a defendant to comply with its terms.


• Mr Andy Slaughter: What assessment he has made of the effectiveness of the low-value road traffic cases portal system.


• Mr Andy Slaughter: What steps he plans to take to introduce fast-track fixed costs.


• Mr Andy Slaughter: How many personal injury cases were settled (a) after proceedings were commenced and (b) after a defence was served denying liability in each of the last three years.


• Mr Andy Slaughter: In how many personal injury cases did claimant (a) beat and (b) failed to beat a Part 36 offer in each of the last three years.


• Mr Andy Slaughter: In how many personal injury cases the case proceeded to a trial in which the claimant was (a) successful and (b) unsuccessful in each of the last three years.


• Mr Andy Slaughter: What change he expects to (a) litigation costs to and (b) damages payable by Government departments and agencies to personal injury claimants as a consequence of implementation of the proposals in the Legal Aid Green Paper and the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: How many personal injury claims were brought against his Department and its agencies in each of the last three years.


• Mr Andy Slaughter: How much has been recovered through benefit recoupment from personal injury claims (a) in total and (b) in respect of (i) road traffic accident, (ii) employers (A) disease and (B) other liability cases, (iii) occupiers' liability, (iv) other public liability and (v) clinical negligence cases in each of the last three years.


• Mr Andy Slaughter: What estimate he has made of the change in the level of Exchequer revenue from VAT receipts consequent on the implementation of the proposals in the (a) Legal Aid and (b) Civil Litigation Funding Green Papers.


• Mr Andy Slaughter: What estimate he has made of the annual number of clinical negligence cases dealt with under (a) fast-track and (b) multi-track procedures which qualified for funding through legal aid under existing criteria in the last 12 months which would not so qualify under the proposals in the Legal Aid Green paper.


• Mr Andy Slaughter: If he will estimate the annual number of occupier and public liability accident cases under (a) fast track and (b) multi-track arrangements which qualify for (i) conditional fee agreements and (ii) after-the-event insurance support through legal aid that would not be brought as a result of his proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: If he will estimate the annual number of road traffic accident cases under (a) fast track and (b) multi-track arrangements which qualify for (i) conditional fee agreements and (ii) after-the-event insurance support through legal aid that would not be brought as a result of his proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What estimate he has made of the number of cases of injuries of maximum severity pursued under multi-track arrangements supported by after-the-event insurance that will not be brought after implementation of the proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: If he will estimate the annual number of clinical negligence cases under (a) fast-track and (b) multi-track arrangements which qualify for (i) conditional fee agreement funding through legal aid and (ii) after-the-event insurance support that would not be brought as a result of his proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What assessment he has made of the requirement for primary legislation to implement each proposal in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What assessment he has made of the likely effect on provision of legal advice for (a) clinical negligence, (b) personal injury cases and (c) small business disputes of the proposals in (i) the Legal Aid Green Paper and (ii) the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: With reference to the impact assessment on the proposals in the Civil Litigation Funding Green Paper, what estimate he has made of the likely monetary benefit to the liability insurance industry arising from reduced (a) costs and (b) damages payments attributable to implementation of the Green Paper proposals.


• Mr Andy Slaughter: With reference to the impact assessment for the Civil Litigation Funding Green Paper, what estimate he has made of the average change in (a) damages awarded to claimants and (b) costs claimed by lawyers of claimants.


• Mr Andy Slaughter: What assessment he has made of the likely (a) extent, (b) availability and (c) cost of the (i) stand-alone and (ii) general before-the-event insurance proposed in his Civil Litigation Funding Green Paper to families of (A) average income and (B) below-average income.


• Mr Andy Slaughter: What assessment he has made of the likely restrictions on liability to a policy holder (a) generally and (b) for legal costs in the before-the-event insurance policies proposed as alternative sources of legal funding in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What level of means he proposes as that which will entitle (a) a claimant to benefit from and (b) a defendant to avoid the qualified one way costs shifting proposed in the Civil Litigation Funding Green Paper. [28978] (For answer 03/12/2010)


• Mr Andy Slaughter: What progress he has made in developing his proposed pilot for predictable personal injury damages in claims up to £10,000.


• Mr Andy Slaughter: What assessment he has made of the consequences for (a) the viability of after-the-event insurance and (b) the effect on civil litigation of a reduction in the use of after-the-event insurance of implementation of the proposals for qualified one way costs shifting in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What assessment he has made of the likely effect on levels of premiums for after-the-event insurance if recoverability is limited to liability disputed cases in the post protocol period under the proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: How much he expects to recover annually from interest on solicitors' client accounts in (a) cash terms and (b) as a proportion of the legal aid budget as the consequence of implementation of the proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: How many (a) fast-track and (b) multi-track cases of clinical negligence funded through legal aid have been brought in each of the last three years.


• Mr Andy Slaughter: What recent representations he has received from the Law Commission on the level of general damages in personal injury claims; and what recent assessment he has made of the adequacy of that level.


• Mr Andy Slaughter: What estimate he has made of the likely cost per case to a claimant of obtaining independent legal advice on a damages-based agreement under his proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What estimate he has made of the likely cost to the public purse of operating a regulatory system for the damages-based agreements proposed in his Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What discussions he has had with the judiciary on potential changes to the number of litigants-in-person arising from the implementation of the proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What estimate he has made of the likely average reduction in court costs attributable to the proportionality test proposed in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: What estimate he has made of the likely monetary value of the uplift of 10 per cent. on general damages as proposed in his Department's Civil Litigation Funding Green Paper in respect of an average (a) employers' liability and (b) road traffic fast-track personal injury claim.


• Mr Andy Slaughter: Whether he has had discussions with after-the-event insurers on the financial liability of the proposal in the Civil Litigation Funding Green Paper for recovery of after-the-event premiums for disbursements.


• Mr Andy Slaughter: At what rate he proposes to fix success fees for each type of case.


• Mr Andy Slaughter: Whether he has made an estimate of the likely effect on the number of law firms which handle personal injury claims of the implementation of the proposals in the Civil Litigation Funding Green Paper.


• Mr Andy Slaughter: Whether he has made an assessment of the likely effects on the legal services provided by (a) trades unions and (b) membership organisations of the implementation of his proposal to end collective conditional fee agreements.


• Mr Andy Slaughter: What assessment he has made of the merits of increasing the level of use of mediation at an early stage in personal injury claims.


• Mr Andy Slaughter: If he will assess the merits of reversing the burden of proof in personal injury cases (a) generally and (b) in respect of each type of case for the purpose of (i) reducing litigation costs and (ii) speeding up claims.


• Mr Andy Slaughter: How many and what proportion of the cases which resulted in recoupment of benefits were (a) funded under conditional fee agreements and (b) underwritten by after the event insurance.


• Mr Andy Slaughter: What estimate he has made of the change in revenue accruing to the Department for Work and Pensions from benefit recoupment consequent on the implementation of the proposals in the (a) Legal Aid and (b) Civil Litigation Funding Green Papers.