To ask His Majesty's Government what is the appropriate forum for legal challenges brought by Chagossians about decisions affecting the British Indian Ocean Territory.

To ask His Majesty's Government what is the appropriate forum for legal challenges brought by Chagossians about decisions affecting the British Indian Ocean Territory.

To ask His Majesty's Government whether British Overseas Territories citizens connected to the British Indian Ocean Territory are entitled to bring legal challenges before the courts on matters affecting their (1) citizenship status, (2) ancestral graves, and (3) place of birth, where those matters concern British sovereign territory

To ask His Majesty's Government whether British Overseas Territories citizens connected to the British Indian Ocean Territory are entitled to bring legal challenges before the courts on matters affecting their (1) citizenship status, (2) ancestral graves, and (3) place of birth, where those matters concern British sovereign territory

What progress he has made on bringing forward legislative proposals on litigation funding agreements.

What progress he has made on bringing forward legislative proposals on litigation funding agreements.

To ask His Majesty’s Government what plans they have to reverse the effect on opt-out collective court actions and connected litigation funding resulting from the Supreme Court decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others; and, if so, when it is intended that the necessary legislation will come into force.

To ask His Majesty’s Government what plans they have to reverse the effect on opt-out collective court actions and connected litigation funding resulting from the Supreme Court decision in R (on the application of PACCAR Inc and others) v Competition Appeal Tribunal and others; and, if so, when it is intended that the necessary legislation will come into force.

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and I declare the interest of having some professional involvement in collective actions.

My Lords, I beg leave to ask the Question standing in my name on the Order Paper and I declare the interest of having some professional involvement in collective actions.

The Government recognise the critical role litigation funding plays in supporting access to justice and the need for such arrangements to be fair, transparent and commercially viable for funders. To support these aims, the Government have accepted the Civil Justice Council’s two key recommendations. First, we will legislate to mitigate the effects of the PACCAR judgment. Secondly, we will introduce proportionate regulation of litigation funding agreements. We will implement these changes when parliamentary time allows.

The Government recognise the critical role litigation funding plays in supporting access to justice and the need for such arrangements to be fair, transparent and commercially viable for funders. To support these aims, the Government have accepted the Civil Justice Council’s two key recommendations. First, we will legislate to mitigate the effects of the PACCAR judgment. Secondly, we will introduce proportionate regulation of litigation funding agreements. We will implement these changes when parliamentary time allows.

I am grateful to the noble Lord for his reply. He is aware, and the House will be aware, that collective actions give consumers the power to pursue legal actions for which they

cannot obtain legal aid, however egregious the wrongs that have been committed against them. Why is it that the Government have broken a promise made before the last election, in 2024, that a Bill of about two or three pages would be produced to reverse the unintended effects of the PACCAR case, so that such actions can be brought and the legal funding industry, which is making a great contribution to the British legal world, can proceed with such cases?

I am grateful to the noble Lord for his reply. He is aware, and the House will be aware, that collective actions give consumers the power to pursue legal actions for which they

cannot obtain legal aid, however egregious the wrongs that have been committed against them. Why is it that the Government have broken a promise made before the last election, in 2024, that a Bill of about two or three pages would be produced to reverse the unintended effects of the PACCAR case, so that such actions can be brought and the legal funding industry, which is making a great contribution to the British legal world, can proceed with such cases?

We are committed to legislating. I hear the noble Lord’s concern about that, but I want to reassure the House that we are committed to legislating when parliamentary time allows. We are working urgently to identify a new legislative vehicle to take this forward. Legislation will clarify that litigation funding agreements are not damages-based agreements, and this will mitigate the effects of the PACCAR judgment.

We are committed to legislating. I hear the noble Lord’s concern about that, but I want to reassure the House that we are committed to legislating when parliamentary time allows. We are working urgently to identify a new legislative vehicle to take this forward. Legislation will clarify that litigation funding agreements are not damages-based agreements, and this will mitigate the effects of the PACCAR judgment.

Does the Minister accept that without litigation funding, Alan Bates would never have been able to bring his fantastic legal action against the Post Office, and does he recognise that this is an urgent matter?

Does the Minister accept that without litigation funding, Alan Bates would never have been able to bring his fantastic legal action against the Post Office, and does he recognise that this is an urgent matter?

I do recognise that, and I know the history of Sir Alan Bates’ involvement in this. Sir Alan Bates has spoken openly about how, without a litigation funding agreement, he and the sub-postmasters would not have had their day in court. We agree with Sir Alan that third-party funding is crucial for enabling ordinary people to access justice. The access to justice point is the centre of why we think this is important, and I know that is what noble Lords feel too. With group and consumer claims, third-party funding under a litigation funding agreement is often the only option people have to bring a claim. I note the comments of the noble Lord, Lord Carlile, about access to legal aid as well. I want to reassure the noble Lord, Lord Arbuthnot, that we understand the importance of it in relation to the sub-postmasters and to Sir Alan Bates.

I do recognise that, and I know the history of Sir Alan Bates’ involvement in this. Sir Alan Bates has spoken openly about how, without a litigation funding agreement, he and the sub-postmasters would not have had their day in court. We agree with Sir Alan that third-party funding is crucial for enabling ordinary people to access justice. The access to justice point is the centre of why we think this is important, and I know that is what noble Lords feel too. With group and consumer claims, third-party funding under a litigation funding agreement is often the only option people have to bring a claim. I note the comments of the noble Lord, Lord Carlile, about access to legal aid as well. I want to reassure the noble Lord, Lord Arbuthnot, that we understand the importance of it in relation to the sub-postmasters and to Sir Alan Bates.

My Lords, the Minister for Justice, Sarah Sackman, said in her Written Statement in December last year that legislation would be an absolute priority, and she quoted Sir Alan Bates earlier in the Statement. It is vital that any regulation ensures that claimants and victims, especially of the Post Office Horizon scandal, are given full information before they make decisions about whether it is worth continuing with the scheme. Can the Minister say whether there will be such help for claimants and victims?

My Lords, the Minister for Justice, Sarah Sackman, said in her Written Statement in December last year that legislation would be an absolute priority, and she quoted Sir Alan Bates earlier in the Statement. It is vital that any regulation ensures that claimants and victims, especially of the Post Office Horizon scandal, are given full information before they make decisions about whether it is worth continuing with the scheme. Can the Minister say whether there will be such help for claimants and victims?

That is why we think light-touch regulation is important here. Transparency is important for consumers in these situations. I see the noble Baroness smile. I know the phrase “light touch” receives a hollow laugh—I used to be a financial services regulator myself. The Government do feel that there is a need to get this on to a proper regulatory footing. I can say a lot more about this; I promise not to be boring. I suspect a lot of the questions I am going to be asked are about urgency and getting on with it. As well as what I have said about finding the appropriate

legislative vehicle, I will go back to Minister Sackman to have a discussion about this. As the noble Baroness knows, I have had rather a busy week. It is above my pay grade to give a commitment, but I will press the case. If I get anywhere, I will buy the noble Lord, Lord Carlile, a cup of tea, and if he likes the answer, he can buy me a glass of champagne.

That is why we think light-touch regulation is important here. Transparency is important for consumers in these situations. I see the noble Baroness smile. I know the phrase “light touch” receives a hollow laugh—I used to be a financial services regulator myself. The Government do feel that there is a need to get this on to a proper regulatory footing. I can say a lot more about this; I promise not to be boring. I suspect a lot of the questions I am going to be asked are about urgency and getting on with it. As well as what I have said about finding the appropriate

legislative vehicle, I will go back to Minister Sackman to have a discussion about this. As the noble Baroness knows, I have had rather a busy week. It is above my pay grade to give a commitment, but I will press the case. If I get anywhere, I will buy the noble Lord, Lord Carlile, a cup of tea, and if he likes the answer, he can buy me a glass of champagne.

My Lords everyone agrees that the Supreme Court decision in PACCAR should be reversed by legislation. Until it is, satellite litigation will proliferate. The last Conservative Government introduced the Litigation Funding Agreements (Enforceability) Bill in 2024, so the necessary legislation is ready and waiting. The Starmer Government were notorious for doing nothing very slowly. I ask the Minister: will the present Government deal with one simple and uncontroversial matter very quickly and thus avoid the bottomless quicksands of parliamentary time?

My Lords everyone agrees that the Supreme Court decision in PACCAR should be reversed by legislation. Until it is, satellite litigation will proliferate. The last Conservative Government introduced the Litigation Funding Agreements (Enforceability) Bill in 2024, so the necessary legislation is ready and waiting. The Starmer Government were notorious for doing nothing very slowly. I ask the Minister: will the present Government deal with one simple and uncontroversial matter very quickly and thus avoid the bottomless quicksands of parliamentary time?

Bottomless quicksands are best avoided. I know the history of all this and the legislation the previous Government proposed. As I have made clear, we will legislate. The noble and learned Lord knows I cannot give him a date, but I will do my best to move this forward with Minister Sackman.

Bottomless quicksands are best avoided. I know the history of all this and the legislation the previous Government proposed. As I have made clear, we will legislate. The noble and learned Lord knows I cannot give him a date, but I will do my best to move this forward with Minister Sackman.

May I ask the Minister: does he know what is holding this up?

May I ask the Minister: does he know what is holding this up?

Yes, I do. I can tell the noble and learned Baroness what is holding this up: it is people like me and other Ministers competing for legislative time. I am sorry to say I am going to be arguing with myself, but I promise to take noble Lords’ side on this. I understand the issues about access to justice. I take them very seriously and I will do my best.

Yes, I do. I can tell the noble and learned Baroness what is holding this up: it is people like me and other Ministers competing for legislative time. I am sorry to say I am going to be arguing with myself, but I promise to take noble Lords’ side on this. I understand the issues about access to justice. I take them very seriously and I will do my best.

The Minister has made it quite clear that he wants to see this on the statute book. Is it being blocked by the Treasury?

The Minister has made it quite clear that he wants to see this on the statute book. Is it being blocked by the Treasury?

No, it is not being blocked by the Treasury. Sorry, I must not be too bold and assertive—I appreciate that that is not my role. But no, it is not blocked by the Treasury. The Treasury has no say in this. We are looking for an appropriate legislative vehicle. The noble Lord, Lord Wilson, told me last night at dinner that it is more fun if I am rambunctious at the Dispatch Box.

No, it is not being blocked by the Treasury. Sorry, I must not be too bold and assertive—I appreciate that that is not my role. But no, it is not blocked by the Treasury. The Treasury has no say in this. We are looking for an appropriate legislative vehicle. The noble Lord, Lord Wilson, told me last night at dinner that it is more fun if I am rambunctious at the Dispatch Box.

My Lords, does not everyone have their own favourite piece of legislation that they want introduced, and as quickly as possible? It is for the Government to set the agenda, and once they have promised to do something, they will do it within the timeframe of that Government. As far as the Starmer argument goes, we had very little legislation coming from the Opposition when they were in government, and the legislation we did have did a lot of damage to the country.

My Lords, does not everyone have their own favourite piece of legislation that they want introduced, and as quickly as possible? It is for the Government to set the agenda, and once they have promised to do something, they will do it within the timeframe of that Government. As far as the Starmer argument goes, we had very little legislation coming from the Opposition when they were in government, and the legislation we did have did a lot of damage to the country.