Asked by: Martin Wrigley (Liberal Democrat - Newton Abbot)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what measures are currently in place to protect vulnerable and elderly consumers from being sold complex legal products, including family protection trusts, and whether changes have been made since 2021.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises the importance of protecting vulnerable and elderly consumers from harm when purchasing complex legal products. This includes Family Protection Trusts, also known as Asset Protection Trusts, which are a form of Discretionary Trust or Interest in Possession Trust.
The legal profession in England and Wales, together with its regulators, operates independently of Government. Responsibility for regulating the sector sits with approved regulators, overseen by the Legal Services Board. The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors and most law firms in England and Wales. The SRA’s standards and guidance require solicitors to act in clients’ best interests and to take particular care where clients may be vulnerable, including considering capacity and the appropriateness of taking instructions.
Since 2021, the SRA has continued to strengthen its risk-based, proactive approach to identifying and addressing consumer harm, including where clients may be vulnerable. For example, alongside work to improve how it uses data and intelligence to spot risks more swiftly, it has:
The Financial Conduct Authority also issued a warning about Asset Protection Trust Schemes in April 2023 specifically advising anyone considering entering such a scheme to seek independent legal advice to ensure that the Trust will actually work to deliver the intended protection of assets, as well as independent financial advice to validate any proposed strategy for investing assets before agreeing to put any money, property or assets into such a Trust scheme.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, when he intends to bring forward legislation regarding litigation funding agreements.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
We intend to introduce legislation to mitigate the effect of the PACCAR judgment when parliamentary time allows. The new legislation will clarify that Litigation Funding Agreements are not Damages Based Agreements and introduce proportionate regulation of Litigation Funding Agreements. The Government recognises the critical role third-party litigation funding plays in access to justice and is committed to ensuring it works fairly for all. We will outline next steps in due course.
Asked by: Lord Carter of Haslemere (Crossbench - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what assessment they have made of the impact of digitising possession cases on the speed at which legitimate possession cases are processed by the courts when the Renters’ Rights Act 2025 begins to be implemented
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The most recent published statistics show that claim to possession order median timeliness is currently 7.6 weeks, an improvement from the same period in 2024, and within the 8 weeks set out in the Civil Procedure Rules: (Mortgage and landlord possession statistics - GOV.UK). As the Renters’ Rights Act is implemented, HMCTS will put in place measures including additional sitting days and administrative resource to ensure sufficient capacity is in place for the county court to handle the anticipated change to the possession caseload.
The digital service will offer an online route for making and responding to possession claims, filing documents, and receiving updates and outcomes, offering an improved user experience through guided journeys. It will reduce the time taken to deal with printing, posting and administrative handling of paper forms.
Asked by: Martin Wrigley (Liberal Democrat - Newton Abbot)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, what regulatory requirements apply to successor firms handling client files following the collapse of a regulated legal practice, and how compliance with those requirements is monitored.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises the financial loss, distress and uncertainty experienced by former clients affected by the collapse of WW&J McClure Ltd (McClure), particularly in relation to family protection trusts and wider estate planning arrangements.
The legal profession in England and Wales, together with its regulators, operates independently of government. Responsibility for regulating the sector sits with approved regulators, overseen by the Legal Services Board (LSB). The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors and most law firms in England and Wales. This includes McClure, as well as Jones Whyte which took on the work in progress and certain assets of McClure when it went into administration in April 2021. The SRA regulates the firms’ activities in England and Wales, with matters relating to their Scottish offices falling under the Law Society of Scotland. Details of the SRA’s ongoing work in relation to McClure is available here: https://www.sra.org.uk/news/news/mcclure/.
With regards to asking the SRA to meet representatives of former clients of McClure, given regulatory independence, the Ministry of Justice does not direct the SRA’s stakeholder engagement. However, I have discussed the impact of the firm’s collapse with the SRA and know that the SRA is continuing to meet with various stakeholders, including those representing former clients.
Any warning signs relating to McClure prior to the firm’s collapse, and when these were identified by legal services regulators, are similarly operational matters for the independent SRA. The Ministry of Justice does not hold this information.
In relation to successor firm requirements, SRA guidance for firms is available here: https://www.sra.org.uk/solicitors/guidance/closing-down-your-practice/. Under the SRA’s framework, its assessment is that Jones Whyte is not a successor practice. However, the firm must make sure it complies with a range of obligations, including those which have been set out in a compliance plan which the firm has agreed and on which the SRA is monitoring progress. This includes secure handling and storage of client papers and documents, and appropriate arrangements for file distribution and advice to impacted clients on their options.
With regard to changes to legal services regulation since the collapse of McClure, there has been continued work to strengthen how risks to consumers are identified and addressed. The SRA’s Corporate Strategy 2023-26 includes strengthening risk based and proactive regulation as a strategic priority and it has pursued action in this area. For example, in its recent Business Plan, the SRA sets out the steps it has taken to improve how it uses data and intelligence to spot risks more swiftly and take action to manage them effectively. The SRA has also indicated that it is accelerating this work, including through further investment in people and technology. In addition, the SRA is implementing changes in response to the LSB’s independent reviews of its regulation of Axiom Ince Ltd and SSB Group Ltd.
The Ministry of Justice keeps the statutory framework set by the Legal Services Act 2007 under review to ensure that it is operating effectively and protects consumers. The Government has no current plans to review the regulation of estate planning and trust-selling practices. The Department's focus is on improving the enforcement of existing rules.
Asked by: Martin Wrigley (Liberal Democrat - Newton Abbot)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether her Department has asked the Solicitors Regulation Authority to meet representatives of former clients of McClure Solicitors who have requested direct engagement with the regulator.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises the financial loss, distress and uncertainty experienced by former clients affected by the collapse of WW&J McClure Ltd (McClure), particularly in relation to family protection trusts and wider estate planning arrangements.
The legal profession in England and Wales, together with its regulators, operates independently of government. Responsibility for regulating the sector sits with approved regulators, overseen by the Legal Services Board (LSB). The Solicitors Regulation Authority (SRA) is responsible for regulating the professional conduct of solicitors and most law firms in England and Wales. This includes McClure, as well as Jones Whyte which took on the work in progress and certain assets of McClure when it went into administration in April 2021. The SRA regulates the firms’ activities in England and Wales, with matters relating to their Scottish offices falling under the Law Society of Scotland. Details of the SRA’s ongoing work in relation to McClure is available here: https://www.sra.org.uk/news/news/mcclure/.
With regards to asking the SRA to meet representatives of former clients of McClure, given regulatory independence, the Ministry of Justice does not direct the SRA’s stakeholder engagement. However, I have discussed the impact of the firm’s collapse with the SRA and know that the SRA is continuing to meet with various stakeholders, including those representing former clients.
Any warning signs relating to McClure prior to the firm’s collapse, and when these were identified by legal services regulators, are similarly operational matters for the independent SRA. The Ministry of Justice does not hold this information.
In relation to successor firm requirements, SRA guidance for firms is available here: https://www.sra.org.uk/solicitors/guidance/closing-down-your-practice/. Under the SRA’s framework, its assessment is that Jones Whyte is not a successor practice. However, the firm must make sure it complies with a range of obligations, including those which have been set out in a compliance plan which the firm has agreed and on which the SRA is monitoring progress. This includes secure handling and storage of client papers and documents, and appropriate arrangements for file distribution and advice to impacted clients on their options.
With regard to changes to legal services regulation since the collapse of McClure, there has been continued work to strengthen how risks to consumers are identified and addressed. The SRA’s Corporate Strategy 2023-26 includes strengthening risk based and proactive regulation as a strategic priority and it has pursued action in this area. For example, in its recent Business Plan, the SRA sets out the steps it has taken to improve how it uses data and intelligence to spot risks more swiftly and take action to manage them effectively. The SRA has also indicated that it is accelerating this work, including through further investment in people and technology. In addition, the SRA is implementing changes in response to the LSB’s independent reviews of its regulation of Axiom Ince Ltd and SSB Group Ltd.
The Ministry of Justice keeps the statutory framework set by the Legal Services Act 2007 under review to ensure that it is operating effectively and protects consumers. The Government has no current plans to review the regulation of estate planning and trust-selling practices. The Department's focus is on improving the enforcement of existing rules.
Asked by: Lord Wills (Labour - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government what level of legal aid they envisage being made available for each individual bereaved person and family at inquests in England and Wales for (1) legal help, and (2) advocacy, under the provisions of the Public Office (Accountability) Bill.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
The Public Office (Accountability) Bill will provide non-means tested legal aid to bereaved family members at any inquests where a public authority is named as an interested person.
Under the Bill, an “individual” is defined as being a member of another individual’s family if they are relatives (whether of the full blood or half blood or by marriage or civil partnership), they are cohabitants (as defined in Part 4 25 of the Family Law Act 1996), or one has parental responsibility for the other.
Legal aid consists of legal help and advocacy.
a. Legal help covers advice, assistance and preparation for an inquest but not advocacy at the hearing. Under the Bill’s expansion, multiple bereaved family members will be able to receive non-means tested legal help services where a public authority is named as an interested person.
b. Advocacy covers the instruction of an advocate (usually a barrister) to prepare for and attend the inquest hearing(s) to make submissions. The Bill limits advocacy funding to one member of each family – in practice, this level of service will be granted to the first family member to apply. We believe that one legally aided advocate should in most cases be sufficient to support each family through the inquest hearing and that it is reasonable to ask members of the same family to collaborate in the instruction of a single advocate.
Asked by: Baroness Owen of Alderley Edge (Conservative - Life peer)
Question to the Ministry of Justice:
To ask His Majesty's Government, further to the Written Answer by Baroness Levitt on 24 November 2025 (HL11755), what are the reasons for the delay in bringing the provisions of section 138 of the Data (Use and Access) Act 2025 into effect; and what is the timeframe for bringing those provisions into effect.
Answered by Baroness Levitt - Parliamentary Under-Secretary (Ministry of Justice)
As with many criminal law provisions, section 138 of the Data (Use and Access) Act 2025 is brought into force by regulations made by the Secretary of State, to ensure sufficient time to take into account and manage impacts on the criminal justice system and operational preparedness.
We have now laid the regulations to bring section 138 of the Data (Use and Access) Act 2025 into force; they were signed by Minister Davies-Jones last week. The offences will come into force on 6 February (21 days after being signed) as is standard practice for new criminal offences.
Asked by: Julian Smith (Conservative - Skipton and Ripon)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, in the context of trends in levels of success of mediation for claims under £10,000, whether he has considered the expansion of mediation for higher value claims.
Answered by Sarah Sackman - Minister of State (Ministry of Justice)
The Government recognises the benefits of mediation in resolving disputes swiftly and consensually.
Mandatory mediation for small money claims below £10,000 is now integrated into the county court process, saving time and costs. A formal evaluation will be published in the summer of this year and will inform decisions on further expansion of mandatory mediation.
The Civil Procedure Rules were amended in October 2024 to give judges power to order mediation at their discretion in higher value claims over £10,000.
Asked by: Andrew Snowden (Conservative - Fylde)
Question to the Ministry of Justice:
To ask the Secretary of State for Justice, whether he has made an assessment of the potential merits of bringing forward legislative proposals to help protect the privacy of people affected by fatal or serious accidents.
Answered by Alex Davies-Jones - Parliamentary Under-Secretary (Ministry of Justice)
The Government is committed to open justice which means criminal justice should be administered in public and subject to public scrutiny including media reporting. However, there are exceptions in statute or common law which: exclude the press/public from court for all/part of proceedings; permit information to be withheld from open court; or impose temporary/permanent bans on reporting of proceedings or part of proceedings (e.g. identity of those appearing).
Automatic reporting restrictions are applied to complainants in rape cases and all other sexual offences. There is a ban on reporting any matter that would identify a child or young person (under 18) in the Youth Court, whether that is a victim, witness or defendant. Victims of Female Genital Mutilation, Human Trafficking, and Forced Marriage are also granted automatic anonymity for life.
Lifetime anonymity can be granted to an adult witness or victim in any offence if the quality of the witness’s evidence or their co-operation is likely to be diminished by reason of fear/distress in testifying.
Reporting restrictions are a matter for judicial discretion - decisions on whether to impose these are made on a case by case basis by judges taking into account the circumstances of the case, the parties involved and the interests of justice.
In addition, the Victims’ Code is a practical and useful guide for all victims of crime to understand what they can expect from the criminal justice system. This includes victims of fatal or serious accidents where they constitute a criminal offence. We will consult on a new Victims’ Code in due course to ensure that we get the foundations for victims right.
Asked by: Lord Bishop of Gloucester (Bishops - Bishops)
Question to the Ministry of Justice:
To ask His Majesty's Government how much it costs per minute to make a call from (1) a prison wing payphone, and (2) an in-cell phone, to (a) a landline, and (b) a mobile phone, at (i) weekdays and (ii) weekends.
Answered by Lord Timpson - Minister of State (Ministry of Justice)
Calls from prison wing payphones and in-cell phones are charged at the same national rates.
Calls to UK landlines:
2.48 pence per minute during the week midnight Sunday to midday Friday
2.20 pence per minute during the weekend midday Friday to midnight Sunday
Calls to UK Mobiles
5.50 pence per minute during the week Sunday to midday Friday
3.60 pence per minute during the weekend midday Friday to midnight Sunday
The Ministry of Justice has reduced call rates in the public prison estate by negotiating a 20% reduction to all UK landline and UK mobile numbers. These rates have applied since 1 April 2025 and support the Department’s commitment to maintaining family contact.
Source: Ministry of Justice letter to the Justice Committee, July 2025: https://committees.parliament.uk/publications/48682/documents/255236/default