HL Deb 27 October 1998 vol 593 cc204-5WA
Lord Ironside

asked Her Majesty's Government:

In respect of the Legal Aid Board's multi-party action in which plaintiffs are seeking compensation for injuries caused by radiotherapy treatment for breast cancer, whether the experts' meeting ordered to take place before the end of September to consider the continuation of legal aid in 41 of the remaining cases has reached a conclusion; and, if so, with what results. [HL3422]

The Lord Chancellor (Lord Irvine of Lairg)

The experts' meeting ordered for the end of September has not taken place as the defence experts were not ready. A rearranged date has yet to be fixed.

Lord Ironside

asked Her Majesty's Government:

In respect of the Legal Aid Board's multi-party action in which plaintiffs are seeking compensation for injuries caused by radiotherapy treatment for breast cancer, on what grounds the 10 lead cases out of the total pleading in May 1998 were chosen, given that five of them were formally discontinued before trial as the alleged facts and evidence did not appear to be sustainable. [HL3423]

The Lord Chancellor

In group actions it is usual practice for lead cases to be chosen which best illustrate the issues raised by the group as a whole. As with any litigation there is always a risk that a particular case will fail on its own facts. However, I am determined in reforming legal aid to ensure that taxpayers' money should only be expended on any case that has so strong a prospect of success and clear benefit to the individual concerned, that, if the individual was able to fund the case out of own resources, he or she would do so and accept the risk of litigation.

Lord Ironside

asked Her Majesty's Government:

Whether they consider that the net expenditure by the Legal Aid Board amounting to £2.3 million up to August 1998 in their multi-party action involving 105 plaintiffs claiming compensation for injuries caused by radiotherapy treatment for breast cancer is proportionate to the amounts recovered by the three successful litigants out of the 10 lead cases. [HL3425]

The Lord Chancellor

I cannot comment on the merits of individual cases. I am determined in reforming legal aid, however, to ensure that taxpayers' money should only be expended on any case that has so strong a prospect of success and clear benefit to the individual concerned that, if the individual was able to fund it out of own resources, he or she would do so and would accept the risk of litigation.

Lord Ironside

asked Her Majesty's Government:

Whether they consider the total net sum of £2.3 million stated as being spent by the Legal Aid Board up to August 1998 on cases in which plaintiffs are seeking compensation for injuries caused by the use of radiotherapy treatment for breast cancer has been an appropriate use of public money. [HL3424]

The Lord Chancellor

I cannot comment on the merits of individual cases. I am determined in reforming legal aid, however, to ensure that taxpayers' money should only be expended on any case that has so strong a prospect of success and clear benefit to the individual concerned that, if the individual was able to fund it out of own resources, he or she would do so and accept the risk of litigation.