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To ask His Majesty's Government, in the context of the Civil Justice Council's review of litigation funding and the Government's plans to regulate litigation funding, (1) what definition of litigation funding agreements they propose to adopt; (2) whether portfolio funding will be regulated by the Financial Conduct Authority as a...
To ask His Majesty's Government, in the context of the Civil Justice Council's review of litigation funding and the Government's plans to regulate litigation funding, (1) what definition of litigation funding agreements they propose to adopt; (2) whether portfolio funding will be regulated by the Financial Conduct Authority as a...
The Government welcomes the Civil Justice Council’s (CJC) review and is carefully considering all its recommendations.
As announced on 17 December 2025, the Government’s priority is to accept the CJC’s two primary recommendations and legislate to clarify that Litigation Funding Agreements (LFAs) are not Damages-Based Agreements and introduce light-touch regulation of LFAs. As we determine the appropriate form of regulation, we will consider the most suitable definition of a LFA. We will continue to engage with stakeholders as we develop this policy to ensure that any future framework provides for proportionate and effective regulation.
Once this work has been completed, we will consider the CJC’s remaining recommendations, including those relating to portfolio funding, in more detail. We will provide further information in due course.
My Lords, the excellent report last month from the Law Commission on burial and cremation law addresses the problems of burial grounds which are either full, closed, disused, poorly maintained or even lost. It makes specific proposals for the modernisation of complex and inconsistent laws, and it promises a draft Bill in, I think, 2028. Meanwhile, will the Government consider earlier implementation of those recommendations in the report that would not require primary legislation?
My Lords, the excellent report last month from the Law Commission on burial and cremation law addresses the problems of burial grounds which are either full, closed, disused, poorly maintained or even lost. It makes specific proposals for the modernisation of complex and inconsistent laws, and it promises a draft Bill in, I think, 2028. Meanwhile, will the Government consider earlier implementation of those recommendations in the report that would not require primary legislation?
The Law Commission report, which we welcome, was published on 18 March this year and is the first part of a wider project that will also consider the legal framework for new funerary methods and the rights and obligations in relation to funerals and the deceased. That last sub-project is expected to conclude by the end of 2027 and, as the noble Lord rightly says, the Law Commission will publish draft legislation in mid-2028.
There is also a separate Law Commission project looking at offences against the deceased. All these things are interrelated. We will consider all the recommendations issued recently by the Law Commission and the various workstreams to see what is the most practical approach to publishing our response, including timing, to make sure that we do not do things piecemeal in a way that, in the end, makes things worse rather than better.
To ask His Majesty's Government whether they intend to publish data on the total costs of third-party funded collective actions to the public sector.
To ask His Majesty's Government whether they intend to publish data on the total costs of third-party funded collective actions to the public sector.
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
To ask His Majesty's Government what assessment they have made of the impact of increased third-party funded collective actions on (1) court capacity, (2) judicial workload, and (3) case duration.
To ask His Majesty's Government what assessment they have made of the impact of increased third-party funded collective actions on (1) court capacity, (2) judicial workload, and (3) case duration.
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
To ask His Majesty's Government what plans they have to (1) implement the findings of the Civil Justice Council's Review of Litigation Funding (2 June 2025), and (2) legislate in response to R (PACCAR Inc and Others) v. Competition Appeal Tribunal [2023] UKSC 28, and by when.
To ask His Majesty's Government what plans they have to (1) implement the findings of the Civil Justice Council's Review of Litigation Funding (2 June 2025), and (2) legislate in response to R (PACCAR Inc and Others) v. Competition Appeal Tribunal [2023] UKSC 28, and by when.
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
To ask His Majesty's Government what steps what they are taking to ensure that any policy they have on litigation funding does not lead to any inappropriate use of court time or resources.
To ask His Majesty's Government what steps what they are taking to ensure that any policy they have on litigation funding does not lead to any inappropriate use of court time or resources.
As announced on 17 December 2025, the Government intends to accept the two key recommendations of the Civil Justice Council’s (CJC) review:
We will legislate to mitigate the effects of the PACCAR judgment by clarifying that Litigation Funding Agreements are not Damages-Based Agreements and will introduce proportionate regulation of Litigation Funding Agreements.
We intend to legislate to implement these changes when parliamentary time allows. Once this work has been completed, we will consider the CJC’s remaining recommendations in more detail.
We recognise the importance of maintaining access to justice, whilst avoiding issues stemming from speculative or unmeritorious claims. The new regulations will take a balanced and holistic approach; this involves appropriate consideration of the position of claimants and defendants and the courts, as well as the legal and litigation funding sectors.
The regulations will complement existing safeguards preventing speculative and disproportionate litigation, such as the power, provided in Part 3 of the Civil Procedure Rules, for the court to dismiss any claim which has no reasonable grounds.
The Government is confident that the CJC has appropriately reviewed litigation funding and thus we have not found it necessary to make our own formal assessment of the potential impact of third-party funded collective actions on court capacity, judicial workload, or case duration. We also do not hold data relating to the costs to the public sector of third-party funded collective actions.
My Lords, I will confine myself briefly to supporting Motion B. It is commonly agreed now that the pilots of the pathfinder model in selected family courts have been a success and represent the way ahead. This model has been shown to reduce delays significantly and has forced the focus...
My Lords, I will confine myself briefly to supporting Motion B. It is commonly agreed now that the pilots of the pathfinder model in selected family courts have been a success and represent the way ahead. This model has been shown to reduce delays significantly and has forced the focus...
My Lords, I was going to be brief in agreeing with what the noble Baroness, Lady Tyler, just said and in welcoming Motion D, because the Government’s proposed amendment in lieu, which relates to sibling contact, is to be welcomed; indeed, it is a pleasant surprise. It promotes the local...
My Lords, I was going to be brief in agreeing with what the noble Baroness, Lady Tyler, just said and in welcoming Motion D, because the Government’s proposed amendment in lieu, which relates to sibling contact, is to be welcomed; indeed, it is a pleasant surprise. It promotes the local...
My Lords, the deficiencies and complexities of our marriage law were addressed by the Law Commission as long ago as 2022, followed by a government response three years later. The common objective is simple enough: to provide legally binding and reasonably dignified marriage ceremonies. Can the Minister agree that when these long-awaited and necessary reforms arrive, they should benefit not just humanists but other groups that are equally disadvantaged by the current law? If that does not happen soon, there will be increasing and possibly justified pressure for less satisfactory, piecemeal measures. At the same time, can the Minister indicate whether there will be a role for properly regulated independent celebrants?
My Lords, the deficiencies and complexities of our marriage law were addressed by the Law Commission as long ago as 2022, followed by a government response three years later. The common objective is simple enough: to provide legally binding and reasonably dignified marriage ceremonies. Can the Minister agree that when these long-awaited and necessary reforms arrive, they should benefit not just humanists but other groups that are equally disadvantaged by the current law? If that does not happen soon, there will be increasing and possibly justified pressure for less satisfactory, piecemeal measures. At the same time, can the Minister indicate whether there will be a role for properly regulated independent celebrants?
The noble Lord makes a number of good points. One of the issues here is the question of the independent celebrant, because not everybody thinks it is a good idea to license independent celebrants—for example, humanists think it is not a good idea to license independent celebrants. That is why this has to be looked at and why we have to consult widely. However, we have given the commitment that we will legalise humanist marriages—it is just a question of making sure that we do it in a way that does not create further inequalities.
My Lords, I have four amendments in this group, three of which, like that just proposed powerfully by the noble Baroness, Lady Brinton, seek to explore the thinking behind the four-year minimum prison sentence required by Clause 3 to trigger the duty of the Crown Court to make a prohibited...
My Lords, I have four amendments in this group, three of which, like that just proposed powerfully by the noble Baroness, Lady Brinton, seek to explore the thinking behind the four-year minimum prison sentence required by Clause 3 to trigger the duty of the Crown Court to make a prohibited...
My Lords, I begin by commenting on two parts of the noble Lord’s amendments. I find it difficult to understand how his Amendment 16 would work in practice. These orders have to be made at the point of sentencing; they cannot come later on as an afterthought or at a...
My Lords, I begin by commenting on two parts of the noble Lord’s amendments. I find it difficult to understand how his Amendment 16 would work in practice. These orders have to be made at the point of sentencing; they cannot come later on as an afterthought or at a...
My Lords, I will speak in support of Amendment 221, cogently moved by the noble Baroness, Lady Lister, to place child’s rights impact assessments on a statutory basis for the purposes referred to in her amendment.
In Committee, the Minister, the noble Baroness, Lady Smith, referred to the
“shared goal of putting...
My Lords, I will speak in support of Amendment 221, cogently moved by the noble Baroness, Lady Lister, to place child’s rights impact assessments on a statutory basis for the purposes referred to in her amendment.
In Committee, the Minister, the noble Baroness, Lady Smith, referred to the
“shared goal of putting...
My Lords, I support Clause 31 and government Amendment 120. I also support Amendment 121A, which would extend the scope of what Clause 31 seeks to achieve, which is to prevent concealment of the real reasons for attempts to withdraw children from school, in particular by parents or a parent...
My Lords, I support Clause 31 and government Amendment 120. I also support Amendment 121A, which would extend the scope of what Clause 31 seeks to achieve, which is to prevent concealment of the real reasons for attempts to withdraw children from school, in particular by parents or a parent...
My Lords, would the Minister agree that this Question would probably have been unnecessary had the UN Convention on the Rights of the Child been embedded legislatively much sooner in English law, just as it already has been incorporated both in Wales and Scotland, where there is already a clear commitment to undertake children’s rights impact assessments?
My Lords, would the Minister agree that this Question would probably have been unnecessary had the UN Convention on the Rights of the Child been embedded legislatively much sooner in English law, just as it already has been incorporated both in Wales and Scotland, where there is already a clear commitment to undertake children’s rights impact assessments?
The UK Government are committed to the United Nations Convention on the Rights of the Child. I give that commitment to the
noble Lord: that is what we are committed to. The policies that we are bringing forward, which are subject to consultation, will be in line with those policy objectives.
My Lords, it is a particularly sad feature of domestic violence cases that adults are doing what was done to them as children. Indeed, their children are in turn exposed to similar violence and come to see it as normal and acceptable. This difficult problem is recognised in the Government’s strategy, but can the Minister indicate what more specifically they hope to do to address these cycles of intergenerational violence?
My Lords, it is a particularly sad feature of domestic violence cases that adults are doing what was done to them as children. Indeed, their children are in turn exposed to similar violence and come to see it as normal and acceptable. This difficult problem is recognised in the Government’s strategy, but can the Minister indicate what more specifically they hope to do to address these cycles of intergenerational violence?
One of the key areas is ensuring that, through the education system, we strengthen relationship education, personal relationship education and, in particular, respect for young girls. That is a very difficult job, because there is a mass of social media that has an exact opposite approach to the type of things that we wish to see within the education system, so we are also, through the Online Safety Act, looking at what we need to do with online harm, because the world has moved on, even in the past 10 to 15 years, and will continue to do so. That is a very important point and one that the Government are very much apprised of and trying to find some resolution to.
My Lords, I wish to speak in support of Amendment 49, specifically relating to sibling contact, to which I have added my name. In doing so, I do not want to repeat what the noble Baroness, Lady Tyler, said, other than to stress, as she did, the importance of maintaining...
My Lords, I wish to speak in support of Amendment 49, specifically relating to sibling contact, to which I have added my name. In doing so, I do not want to repeat what the noble Baroness, Lady Tyler, said, other than to stress, as she did, the importance of maintaining...
My Lords, I too support these amendments. The debate in Committee threw a light on the working of the deprivation of liberty jurisdiction, which, one could not help noting, was not altogether familiar to many.
Typically, these orders are made when parents cannot provide good enough care and the child concerned...
My Lords, I too support these amendments. The debate in Committee threw a light on the working of the deprivation of liberty jurisdiction, which, one could not help noting, was not altogether familiar to many.
Typically, these orders are made when parents cannot provide good enough care and the child concerned...
My Lords, we should be grateful to the noble Baroness, Lady Barran, for returning us to this important topic of family group conferences and for the refined amendments she has now presented, including Amendment 3, to which I have added my name. They would embed what is now established as...
My Lords, we should be grateful to the noble Baroness, Lady Barran, for returning us to this important topic of family group conferences and for the refined amendments she has now presented, including Amendment 3, to which I have added my name. They would embed what is now established as...
Moved by
Lord Meston
27: After Clause 4, insert the following new Clause—
“Child contact centres
(1) All child contact centres and child contact organisations that offer child contact services must be accredited in accordance with national standards for safeguarding and preventing domestic abuse.
(2) The accreditation in subsection (1) must be granted by the...
Moved by
Lord Meston
27: After Clause 4, insert the following new Clause—
“Child contact centres
(1) All child contact centres and child contact organisations that offer child contact services must be accredited in accordance with national standards for safeguarding and preventing domestic abuse.
(2) The accreditation in subsection (1) must be granted by the...
My Lords, the noble Baroness, Lady McIntosh of Pickering, is unable to be here and has therefore asked me to lead on this amendment. It follows on from that moved by the noble Baroness in Committee on 22 May last year. As I have said, the noble Baroness regrets that...
My Lords, the noble Baroness, Lady McIntosh of Pickering, is unable to be here and has therefore asked me to lead on this amendment. It follows on from that moved by the noble Baroness in Committee on 22 May last year. As I have said, the noble Baroness regrets that...