§ Lord Alton of Liverpoolasked Her Majesty's Government:
On what occasions since May 1997 they have proceeded with litigation in spite of legal advice that they had no reasonable prospects of success; whether it is government policy to pursue litigation in such circumstances; and whether their policy is consistent with the policy of the Legal Aid Board in respect of litigation by private persons which is judged to have no reasonable prospects of success. [HL747]
§ Lord Williams of MostynConsultation has taken place between the various departments handling government litigation, and it was found, in view of the volume of such litigation, that it was not possible to give any definitive figures of the type requested: this would involve examining many thousands of files. Moreover, the information requested is almost certainly covered by legal professional privilege, and it would be necessary to approach each client for their agreement that the privilege might be waived in each case where legal advice to settle had not been followed. The time and effort that would necessarily be involved in such an exercise is thought to be disproportionate. (Also, it is worth noting that, in the majority of litigation cases, it is not possible to be categorical about e.g. prospect of winning or losing.)