HC Deb 02 December 1997 vol 302 cc115-6W
Mr. Garnier

To ask the Parliamentary Secretary, Lord Chancellor's Department what research he has undertaken to discover(a) the number of people, who since their introduction, wanted to pursue civil claims on a conditional fee arrangement but whose cases were not accepted by solicitors and (b) the reasons for which those cases were not accepted by solicitors. [18733]

Mr. Hoon

None. Lawyers decline to accept cases from clients for many reasons whether the client wishes to fund these through conditional fee agreements or otherwise.

Mr. Garnier

To ask the Parliamentary Secretary, Lord Chancellor's Department what research he has undertaken to discover the suitability of conditional fee arrangements in(a) medical negligence, (b) breach of contract, (c) professional negligence, (d) defamation and malicious falsehood and (e) false imprisonment and malicious prosecution cases; and if he will publish it. [18732]

Mr. Hoon

None. The suitability of conditional fee arrangements in any given case must be a matter for the client and their lawyers. Our proposals to extend the availability of conditional fee agreements simply widen the options available to lawyers and their clients and thus increase the ways in which people can obtain access, to justice, even when they are unable to bear the costs of lawyers' fees but do not qualify for legal aid.

Mr. Garnier

To ask the Parliamentary Secretary, Lord Chancellor's Department what percentage of the damages awarded to plaintiffs in cases brought under a conditional fee arrangement were paid to(a) solicitors and (b) barristers as success fees in each year since their introduction. [18734]

Mr. Hoon

The information the hon. and learned Member seeks is not available. No arrangements were put in place by the hon. and learned Member's party when in Government to monitor this, which is, in fairness, dependent on the private contractual arrangements clients make with their lawyers. The PSI research did, however, show that in 97 per cent. of the agreements under study the solicitors had applied the voluntary cap of 25 per cent. of damages on their success fee.

Mr. Garnier

To ask the Parliamentary Secretary, Lord Chancellor's Department what research he has undertaken into the public's attitude to conditional fee arrangements; and if he will publish it. [18735]

Mr. Hoon

Over 28,000 cases in just over two years and new agreements being made at a rate of 1,500 a month appear to me substantial proof that the public have welcomed conditional fees and have made considerable use of them.