HC Deb 11 May 1999 vol 331 cc99-100W
Mr. Garnier

To ask the Minister of State, Lord Chancellor's Department what assessment he has made of the number of cases currently covered by legal aid which will not be taken up by solicitors operating under conditional fee agreements as a result of failure to meet risk assessment tests demanding a (a) 55 per cent., (b) 60 per cent., (c) 65 per cent., (d) 70 per cent. and (e) 75 per cent. likelihood of success. [83348]

Mr. Hoon

The Government remain satisfied that lawyers will be prepared to undertake meritorious cases under conditional fee agreements. With the ability, potentially, to double their fees, they can continue to be expected to take on cases which, in their professional opinion, are more likely to have a successful outcome than not. It can be in no one's interest for weak cases to be pursued, especially as the protection in costs afforded by legal aid can force defendants with good defences to offer settlements in the face of what are little more than blackmailing claims.

Mr. Garnier

To ask the Minister of State, Lord Chancellor's Department what proposals he has to monitor the impact of the Government's decision to abolish legal aid for personal injury claims. [83349]

Mr. Hoon

We will monitor and evaluate the impact of all of the key reforms under the Access to Justice Bill, not just the decision to withdraw legal aid from most personal injury cases. The Legal Services Commission will have a duty to inform itself about the need for services, the provision of services, and the quality of the services provided. Much of this information will be provided by the Regional Legal Services Committees. In addition, we are in discussion with all the major interest groups, including those representing the consumers, the professions, and the insurance industry, about the design of a research project to evaluate all aspects of how conditional fees operate under the reformed law.