§ Mr. Douglas-Mannasked the Attorney-General what is the average sum awarded as damages for personal injury in, respectively, the county courts, the High Court and all courts.
§ The Solicitor-GeneralThe High Court, where the more serious cases are heard, is the only court for which separate figures are collected on a regular basis. The average sum awarded in 1975 as damages for personal injuries was £11,735. In 1974 figures were specially collected for awards of damages by county courts. For that year the average award in those courts was £334 and the average for the High Court was £9,730, giving an average for county courts and High Court together of £6,435.
§ Mr. Douglas-Mannasked the Attorney-General what is the average sum, awarded for solicitors' costs and disbursement, respectively, on the taxation of costs in personal injury cases in, respectively, the county court, the High Court and all courts.
§ The Solicitor-GeneralThe information available about the taxation of costs in the county courts and in each Division of the High Court, including the average amounts at which bills were allowed, is contained in Section E of the Judicial Statistics for the year 1975 (Cmnd. 6634). Information is not available separately for personal injury cases nor for solicitors' costs.
§ Mr. Douglas-Mannasked the Attorney-General what additional cost would be 497W incurred by the legal aid fund if all trade unions were to cease to provide legal assistance to their members for personal injury claims falling within the present jurisdiction of the county court; and what further additional cost would be incurred if such assistance were withdrawn in respect of all claims in which the estimated damages award did not exceed £1,300.
§ The Solicitor-GeneralIn order to make such an estimate it would be necessary to know the total number of personal injury claimants financed by trade unions, the proportion of such claimants whose claim succeed, and the number who are financially eligible for legal aid. I regret that this information is not available to me.
§ Mr. Douglas-Mannasked the Attorney-General what proportion of personal injury claims in which proceedings are started in the High Court and county court, respectively, are financed by trade unions or are initiated by solicitors regularly instructed by trade unions.
§ The Solicitor-GeneralLitigants in the High Court and the county courts are required to disclose only their own identity and that of their solicitor, if any. The fact that proceedings may be financed by a trade union or initiated by solicitors regularly instructed by trade unions is not recorded by the courts. Accordingly I regret that this information cannot be provided.
§ Mr. Douglas-Mannasked the Attorney-General (1) what proportion of personal injury claims in which proceedings are issued in the High Court and county court, respectively, is issued by firms of solicitors taking proceedings in more than 100 cases each year; how many of such firms have made representations to him or to the Lord Chancellor concerning proposals to extend the limit of the jurisdiction of the county court in personal injury claims; and whether any of the firms making representations favour such extension;
(2) what representations he has received from which trade unions, or from solicitors representing which trade union, relating to proposals to extend the jurisdiction of the county court in personal injury claims; and whether any such 498W representations were in favour of such proposals.
§ The Solicitor-GeneralNo record is maintained of the total number of proceedings issued each year by individual firms of solicitors. Accordingly I am unable to say what proportion of personal injury proceedings are issued by firms who take proceedings in more than 100 such cases a year or how many such firms have made representations to myself or to my noble Friend on the subject of the extent of county court jurisdiction.
My noble Friend has received representations on this matter from five firms of solicitors, only two of whom can be identified as representing particular unions, namely the Amalgamated Union of Engineering Workers and the National Union of Public Employees.
My noble Friend has also received representations from the following trades unions: Amalgamated Union of Engineering Workers, Electric, Electronic, Telecommunication and Plumbing Union, Furniture, Timber and Allied Trades Union, National Society of Printers, Graphical and Media Personnel, National Union of Agricultural and Allied Workers, National Union of Bank Employees, National Union of Mineworkers, National Union of Public Employees, Transport and General Workers Union, Union of Construction, Allied Trades and Technicians.
Two of the five firms of solicitors have stated that they would not object to an increase in the jurisdiction of the county courts provided that this did not prejudice the bringing of cases in the High Court.
§ Mr. Douglas-Mannasked the Attorney-General what is the total sum recovered in the most recent year for which figures are available in claims for damages for personal injuries; and what is the best estimate he can make of the proportion of that sum recovered (a) before proceedings were started, (b) after proceedings were issued but before trial and (c) after the trial had started.
§ The Solicitor-GeneralThere is no duty on anyone to inform the court of the terms of any settlement reached before proceedings are started, and the court is often not given this information even after proceedings have been begun. No 499W separate record is kept of the exceptional cases where this information is provided to the court, and I regret, therefore, that this information is not available.
§ Mr. Douglas-Mannasked the Attorney-General what proportion of awards for damages for personal injury in the most recent year for which figures are available were, respectively, below £1,000 between £1,000 and £2,000 and above £2,000.
§ The Solicitor-GeneralThe following table distinguishes between cases in the High Court and the county courts. High Court figures are given within the monetary bands which are used for the regular collection of statistics. Separate figures are not available for the band between £1,000 and £2,000. Figures for the county court are available only for the year 1974.
PROPORTION OF AWARDS OF DAMAGES IN PERSONAL INJURY CASES FALLING WITHIN CERTAIN MONETARY BANDS Percentage of all awards by court County Courts High Court Amount of award 1974 1974 1975 Not exceeding £1,000 99 22 17 Greater than £1,000 but not exceeding £5,000 1 43 43 Exceeding £5,000 35 40