Oral question asked in the House of Lords, by Baroness Turner of Camden (Labour). It was answered on Tuesday, 20 December 2011.

Justice: Personal Injury Cases

Question: Does not the Minister think it very unfair that somebody who has been injured through somebody else’s fault, and is suing on the basis that someone else is at fault, should lose some of their compensation even though it is not their fault?

Answer: My Lords, success fees are intended to cover the risk of not winning and the lawyers not being paid. In many cases where there is personal injury there is a very low risk of that happening. Indeed, it begs the question whether it is necessary for solicitors to charge success fees at all in these situations. However, as my noble friend Lord Gold pointed out at Second Reading, claimants who fund themselves often do not receive the full amount of their compensation. It seems rather odd, to put it mildly, that those who are funded by the taxpayer should get the full amount back but those who fund themselves do not recover the full amount of their compensation.

Secondary information